HomeMy WebLinkAboutCity Council - 04/02/2024
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, APRIL 02, 2024 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Amy Markle, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara
Aschenbeck
Workshop - Heritage Rooms I and II (5:30) I. ECONOMIC DEVELOPMENT UPDATE
Open Podium - Council Chamber (6:30) II. OPEN PODIUM
III. ADJOURNMENT
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, APRIL 02, 2024 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road
CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community
Development Director Julie Klima, Parks and Recreation Director Amy Markle, and City Attorney Maggie Neuville
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS AND PRESENTATIONS
A. LOW SALT DESIGN PILOT CITY CERTIFICATE
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 12, 2024
B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 12, 2024
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST
B. ADOPT RESOLUTION APPROVING MASTER LICENSE AGREEMENT WITH VERIZON WIRELESS FOR CELL INSTALLATIONS, APPROVE SUPPLEMENT TO THE MASTER LICENSE AGREEMENT FOR CRESTWOOD PARK AND FRANLO PARK
C. ADOPT RESOLUTION SUPPORTING APPLICATION TO THE JOB
CREATION FUND BY EDEN PRAIRIE BASED ALDEVRON COMPANY
D. ADOPT RESOLUTION APPROVING APPOINTMENT OF ELECTION
JUDGES FOR APRIL 30, 2024, SPECIAL PRIMARY AND MAY 14, 2024, SPECIAL ELECTION FOR HENNEPIN COUNTY DISTRICT 6 COMMISSIONER
CITY COUNCIL AGENDA April 02, 2024
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E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WATERFRONT RESTORATION TO CONDUCT WATERCRAFT INSPECTIONS
F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR 2024 LAKE MONITORING PROGRAM
G. AWARD RAINBOW DRIVE CULVERT REPLACEMENT PROJECT TO RACHEL CONTRACTING, LLC
H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR DESIGN AND CONSTRUCTION ADMINISTRATION FOR MOUNT CURVE WATERMAIN REHABILITATION
I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR DESIGN AND CONSTRUCTION ADMINISTRATION FOR WASHINGTON AVENUE SANITARY SEWER CIPP
J. AWARD ANNUAL SWEEPING CONTRACT TO PEARSON BROTHERS
K. AWARD CONTRACT FOR 2024 SURFACE SEAL PROJECT TO CORRECTIVE ASPHALT MATERIALS, LLC
L. APPROVE 2023 UNBUDGETED FUND TRANSFERS
M. DECLARE OBSOLETE EQUIPMENT AS SURPLUS AND AUTHORIZE DISPOSAL
N. ADOPT RESOLUTION AUTHORIZING STAFF TO SUBMIT GRANT REQUEST TO MINNESOTA DEPARTMENT OF NATURAL RESOURCES OUTDOOR RECREATION GRANT PROGRAM FOR HOMEWARD HILLS PLAYGROUND IMPROVEMENT PROJECT
IX. PUBLIC HEARINGS AND MEETINGS
A. ADOPT RESOLUTION SUPPORTING APPLICATION TO THE MINNESOTA INVESTMENT FUND ON BEHALF OF EDEN PRAIRIE
BASED ALDEVRON COMPANY
B. ADOPT RESOLUTION VACATING PART OF LOT 1, BLOCK 2, LIBERTY PLAZA DRAINAGE AND UTILITY EASEMENTS
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
CITY COUNCIL AGENDA April 02, 2024
Page 3
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. SUMMARY OF CITY MANAGER PERFORMANCE REVIEW
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
April 2, 2024
DEPARTMENT/DIVISION:
Lori Haak
Public Works / Engineering
ITEM DESCRIPTION: #23824
Presentation of Certificate to Eden Prairie as a “Low Salt Design Pilot City” from Bolton & Menk
ITEM NO.:
IV.A.
Requested Action
Receive “Low Salt Design Pilot City” certificate from Bolton & Menk Synopsis
Chloride (salt) pollution is a growing problem in Minnesota’s waterbodies. Chlorides are toxic to plants and animals, contaminate surface and ground water, impact soil health, interrupt seasonal mixing of waterbodies, and corrode infrastructure. Sixty-seven waterbodies in Minnesota are currently listed as impaired for chlorides, including Nine Mile Creek. Chlorides are not removed by stormwater management practices or wastewater treatment facilities. For all intents and
purposes, chloride pollution is permanent. The only practical solution is source reduction. The City of Eden Prairie has been a leader in chloride reduction efforts for decades. Eden Prairie was an early adopter of salt spreader calibration, the use of brine for pretreating roads, and Smart Salting training for all winter maintenance staff. Softening Eden Prairie’s water with lime also
reduces chloride pollution because salt-based water softeners are not required. Bolton & Menk recently developed an innovative Low Salt Design program (LSiD) aimed at reducing chloride application through the use of 10 site design principles. After conversations with City staff, Bolton & Menk invited the City to participate in Bolton & Menk’s Low Salt
Design Pilot Program. Eden Prairie is the first city to complete the Low Salt Design Pilot. Bolton & Menk wishes to recognize the City of Eden Prairie’s leadership in exploring new approaches to chloride reduction. Background Information
Low Salt Design strategies were developed by Bolton & Menk in 2022. In August 2023, the City signed an agreement with Bolton & Menk to become the first-ever Low Salt Design Pilot City. The pilot involved two main components: low salt design training and collaborative evaluations.
Low Salt Design Training Low salt design training occurred over the course of four 2-hour sessions. City employees from Facilities, Streets, Utilities, Building Inspections, Natural Resources, Parks Maintenance, Engineering, and Planning learned about the principles of low salt design and practiced applying their newly acquired knowledge to various design scenarios. As a result of the training, City
employees reported the design principles influenced their practice right away. For example, staff
provided feedback to developers that buildings with north-facing entrances would constantly battle ice (due to the lack of radiant energy from the sun) and blowing snow (due to prevailing
northwest winds). Small changes to site design have already occurred as a result. While it’s not
always possible to eliminate the need for salt, trained City employees have demonstrated that chloride reduction is possible using low salt design principles. Collaborative Evaluations
The City and Bolton & Menk completed collaborative evaluations on February 27, 2024. This
involved visiting seven City-owned sites where salt is applied at higher rates to address pedestrian and vehicle safety concerns. Evaluated sites included: City Center, Community Center, Round Lake Park, Senior Center, Mitchell Road at Sorrel Way, Anderson Lakes Parkway east of Preserve Boulevard, and Prairie Center Drive east of Preserve Boulevard. City
employees explained existing challenges at each site to Bolton & Menk designers. Then the
entire group applied low salt design principles to develop recommendations to be considered when those areas are slated for redesign or renovation. These recommendations will be brought forward as the City considers future pavement management and capital improvement projects.
One example of a future capital improvement project that could involve low salt design is City
Center parking lot reconstruction. At present, most snow meltwater from the main parking lot drains to one stormwater catch basin in the southeastern part of the parking lot. On sunny winter days, meltwater from snow piles along the south edge of the parking lot runs onto the pavement. At night when temperatures drop, this meltwater refreezes in the drive aisles and parking stalls,
causing causes glare ice conditions that are dangerous for vehicle and pedestrian traffic. The best
way to address the problem at present is liberal application of road salt. Some simple retrofits (additional catch basins or the addition of “snow gardens” to store snow while eliminating meltwater run-on) would better manage the meltwater and result in a marked decrease in salt use.
Publicity
The City’s participation in the Low Salt Design Pilot was highlighted in a January 31 story on Minnesota Public Radio: https://www.mprnews.org/story/2024/01/31/how-rethinking-design-could-reduce-the-need-for-road-salt. Reporter Kirsti Marohn interviewed Water Resources Coordinator Lori Haak, as well as Connie Fortin and Tim Olson from Bolton & Menk about the principles of low salt design and their potential for chloride reduction in Minnesota.
Haak also co-presented about low salt design with Fortin at the 2023 conference of the American Public Works Association—Minnesota Chapter and the 2023 Minnesota Watersheds conference.
UNAPPROVED WORKSHOP MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, MARCH 12, 2024 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Amy Markle, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara
Aschenbeck
Workshop - Heritage Rooms I and II (5:30) I. COUNCIL DEVELOPMENT DISCUSSION 5:30 – 5:50 p.m.
Case provided the history on the Marshall Gardens proposal to Council. Each Council member
views the proposal through the lens of their own values, such as sustainability or affordability.
There are only so many dollars to spend, so no one project can accomplish everything.
Ultimately each value conflicts with other values. If affordability is prioritized, more units will
be added which will impact density. If there are 50 single family homes instead of 90 condo
units, open green space is eliminated. Klima explained this conversation is not dissimilar from
Staff conversation during the development proposal process. Much time is spent managing
multiple priorities and maximizing each one individually.
Getschow explained the Council will discuss the Marshall Gardens proposal again at the April
16th workshop. Freiberg asked if the developers will have neighborhood feedback. Klima
confirmed the developers will have neighborhood feedback. Case asked the Council members to
prepare which values they are prioritizing and ensure they are comfortable with the necessary
tradeoffs.
II. ANTENNA TOWER UPDATE 5:50 – 6:10 p.m.
Markle stated Verizon has submit a proposal for two cell towers in Franlo Park and Crestwood
Park. The towers would be placed amongst trees for visual screening. Cell towers are allowed in
all zoning districts under federal regulation. Cell towers are commonly placed in City parks. The
City currently has nine cell towers on City property and nine cell poles in right of way property.
28 cell towers are in private property within the City, and an unknown number are on County
and State right of way. There are no locations within one mile of Franlo Park to collocate a cell
tower. The area around Crestwood Park has poor Verizon cell coverage, which would be
improved by a cell tower. Getschow explained in addition to cell towers, there is a multitude of
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cell antennas in the City. The City requires cell providers attempt to find an existing structure
with enough height for a cell tower before proposing a new structure be built. Case added if this
proposal was approved, federal law would require Verizon allow other cell carriers to collocate
equipment on this cell tower if needed.
Markle stated these cell towers would improve Verizon coverage for residents. The project as
proposed complies with City guidelines including maximum height and set back. The new
towers would be 315 feet away from the closest home. Case asked if the 315 feet measures to the
home’s exterior wall or to its deck. Markle confirmed the tower would be 315 feet from the
home’s exterior wall. Case asked if the cell towers utilize 5G cellular networks. Markle
confirmed these cell towers would utilize 5G technology.
Nelson asked if the cell towers could be moved further from the ball fields at Franlo Park.
Markle stated any movement of the cell tower would bring it closer to homes. Nelson asked how
close the cell towers are to the Franlo pickleball courts. Markle estimated between 100 and 150
feet. Case stated he is more concerned with cell towers disrupting the current view of existing
neighbors. Toomey asked if there are existing cell towers in Franlo Park and Crestwood Park.
Markle confirmed there are not currently cell towers in either park. Toomey asked if the cell
tower is constructed on top of an existing structure or constructed into the ground. Markle
confirmed the cell tower would be constructed into the ground. The base would be fenced in with
vegetation for screening. Toomey asked if the cell tower could be constructed to look like a tree.
Markle stated the height of the tower wouldn’t align with surrounding trees, but the City can
request a specific color and type of screening.
Markle summarized cell tower guidelines from neighboring cities, which are comparable to the
City’s current guidelines. Freiberg asked how tall a standard outdoor warning siren is. Gerber
confirmed the standard outdoor warning siren is 30 to 40 feet tall. Markle added the Miller Park
baseball field lights are 60 feet tall. Markle stated the City would receive $28 thousand in lease
revenue for each tower. Construction would last 4 to 6 weeks. Toomey asked if $28 thousand in
lease revenue is comparable to surrounding cities. Getschow confirmed the lease amount is
comparable to surrounding cities and the City’s existing leases.
Getschow noted there is no land use approval vote for constructing a cell tower. The Council is
solely voting on the lease agreement. Toomey asked how long the lease agreement is for.
Neuville stated five to ten years including an option to renew. Case stated the Council needs to
be sensitive to concerns of residents, however cell phones are a part of everyday life. Cell towers
are necessary, the Council must determine how to best locate cell towers. Narayanan added cell
towers not only power cell phones but also provide internet connectivity. Markle stated
responding to resident questions, Staff has heard Verizon calls are dropped in certain areas of the
City. This can affect working from home, completing schoolwork at home, and 911 calls.
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III. ANNUAL (2023) POLICE UPDATE 6:10 – 6:30 p.m.
Sackett stated the Eden Prairie Police Department (EPPD) annual report is published in April
each year. Tonight’s presentation is a preview of information contained in the annual report.
There were over 45,700 calls for service in 2023. Residents list traffic safety as their main
concern. Traffic crashes of all types have remained steady. Sackett noted this is good news as the
number of traffic trips has steadily increased post COVID. There were over 13,000 traffic stops
in 2023. The EPPD focuses on enforcement, education, and modifying driving behaviors.
Sackett stated burglaries have slightly declined for residential and business properties, partially
attributable to EPPD officers being proactive and visible. Case asked what constitutes a burglary.
Sackett confirmed a perpetrator breaking into a property and committing a crime while inside,
most commonly theft, constitutes a burglary. Narayanan asked if commercial burglaries are
committed in the same volume as residential burglaries. Sackett stated there are fewer
commercial burglaries. In 2023 there were 41 residential burglaries and 17 commercial
burglaries. Toomey asked if those statistics include shoplifting. Sackett stated the statistics do
not include shoplifting as that is classified as theft. Thefts have minimally increased this year.
Scheels specifically has seen an increase in thefts, from 94 in 2022 to 233 in 2023. Narayanan
asked if any specific age demographic is more likely to shoplift. Sackett confirmed a wide
variety of age demographics shoplift, from younger individuals that shoplift one item to
organized rings that shoplift many high value items.
Sackett stated motor vehicle tampering has significantly decreased due to recent legislation. It is
much harder to sell a stolen catalytic converter than in the past. There were 122 catalytic
converter thefts in 2022, decreasing to 22 in 2023. Toomey asked if the EPPD is still tagging
catalytic converters. Sackett stated the EPPD has not hosted a catalytic converter tagging event
in a while. New vehicles are manufactured so the catalytic converter is not easily reachable.
Motor vehicle thefts have steadily decreased since 2021. Since 2021 the EPPD has recovered
$1.8 million of stolen vehicles with the help of license plate reader technology.
Sackett explained the EPPD received 30 calls regarding panhandlers in 2023. The caller is
alerting the EPPD to someone standing in or on the side of the road. Sometimes the panhandler
needs assistance, sometimes they are a danger to traffic and themselves. Freiberg asked if the
EPPD receives calls about families with young children panhandling. Sackett confirmed the
EPPD does receive calls regarding families panhandling, but the majority are regarding a lone
person. Panhandling is protected under the first amendment but the EPPD must enforce state
statute, which disallows a panhandler to be in the center median or step into the roadway.
Sackett explained the Community Services Officers (CSOs) proactively monitor areas where
panhandlers are common. The CSOs carry a business card with resources available for
individuals in need including contact information for PROP Food Shelf, Hennepin County Adult
and Family Shelter, and Hennepin County Food Support. The EPPD contact information is also
listed to connect individuals in need with the EPPD’s embedded social worker. Some individuals
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are willing to meet with the embedded social worker to receive resource information, a portion
are not interested. The EPPD’s primary goal is to provide help if needed, and secondarily to
enforce state statutes designed for safety. Case asked if the EPPD has an estimate of individuals
within the City that are sleeping outside of a home. Sackett noted the number is minimal,
occasionally individuals sleep in a vehicle in a City park. Officers can provide 24 hour monetary
assistance courtesy of PROP including hotel vouchers and gift cards for gas or CUB Foods. The
individual is referred to PROP for additional resources. Case asked if the Eden Prairie Crime
Fund has similar resources. Toomey confirmed the Crime Fund has resources for domestic
violence and will often refer individuals to PROP for housing needs. Sackett stated the
embedded social worker has been hugely advantageous for making connections.
Narayanan asked if the houses that were burgled had alarm systems. Sackett stated the EPPD
doesn’t track if burglaries were made in homes with alarm systems. Many burglaries occur in an
attached garage with an open door, which an alarm wouldn’t protect against. Narayanan asked
Sackett to clarify what constitutes a burglary. Sackett confirmed a perpetrator entering an
unlocked door and a perpetrator breaking a window to enter are both considered burglaries. The
EPPD has encountered organized crime rings and collaborated with surrounding agencies. Case
asked how residents can protect themselves from burglaries. Sackett answered most burglaries
occur when a perpetrator enters through an open and unlocked door, so ensuring all doors are
closed and locked is important. If an EPPD member on patrol encounters an open garage door,
they’ll close it and leave a door hanger reminding the resident to close all doors. Most vehicle
thefts occur when keys are inside the vehicle. The Council thanked the EPPD for their time.
Open Podium - Council Chamber (6:30)
IV. OPEN PODIUM
V. ADJOURNMENT
UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 12, 2024 7:00 PM, CITY CENTER CITY COUNCIL Mayor Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Amy Markle, Community Development Director Julie Klima, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER
Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT PARKS AND RECREATION 2024 WINTER DONATIONS (Resolution No. 2024-025)
Markle explained the donations this quarter are for both Senior Center events and the garden, and Parks and Recreation special events including the 3rd and 4th of
July Hometown Celebration. The generous donations specific for the Senior Center will be used to lower the cost of programming for participants making them low to no cost. All donations for Parks and Recreation special events will be used to enhance the events and lower overall costs. She listed the specific donations and their uses.
Narayanan asked what the grand total of the donations is. Case stated it is over $4,000.
MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2024-025 accepting multiple first quarter 2024 donations to Parks and Recreation. Motion carried 5-0.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Toomey moved, seconded by Narayanan to approve the agenda as published. Motion carried 5-0.
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VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 20, 2024
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 20, 2024 MOTION: Narayanan moved, seconded by Toomey, to approve the minutes of
the Council workshop held Tuesday, February 20, 2024, and the City Council
meeting held Tuesday, February 20, 2024, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST
B. PRESERVE VILLAGE INFILL CHIPOTLE APPROVE SECOND READING OF ORDINANCE NO. 03-2024-PUD-03-2024 FOR PLANNED UNIT
DEVELOPMENT DISTRICT REVIEW ON 9.08 ACRES, ADOPT RESOLUTION NO. 2024-026 FOR SITE PLAN REVIEW ON 9.08 ACRES, APPROVE DEVELOPMENT AGREEMENT
C. APPROVE T-MOBILE LICENSE AGREEMENT AT BAKER ROAD WATER TOWER
D. APPROVE LEGISLATIVE SERVICES AGREEMENT WITH LOCKRIDGE GRINDAL NAUEN
E. APPROVE AGREEMENT WITH REPUBLIC SERVICES FOR 2024 DROP OFF DAY EVENT MATERIAL DISPOSAL
F. AWARD CONTRACT FOR HOMEWARD HILLS SANITARY SEWER REPLACEMENT PROJECT TO NORTHWEST ASPHALT, INC.
G. ADOPT RESOLUTION NO. 2024-027 APPROVING COOPERATIVE CONSTRUCTION AGREEMENT WITH MNDOT FOR TRUNK HIGHWAY 101 CONSTRUCTION PROJECT INCLUDING PEDESTRIAN FLASHING SYSTEMS
H. APPROVE STANDARD AGREEMENT FOR CONTRACT SERVICES WITH VALLEY RICH COMPANY, INC. FOR WATER, SEWER, AND STORMWATER UTILITY REPAIRS
I. APPROVE AGREEMENT WITH PRECISION UTILITIES FOR UTILITY REPAIRS
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J. ACCEPT BIDS AND APPROVE CONTRACT WITH BKJ EXCAVATING FOR VIKING DRIVE TRAIL CONSTRUCTION
K. APPROVE LEASE AGREEMENT WITH METROPOLITAN AIRPORTS
COMMISSION FOR FLYING CLOUD FIELDS THROUGH DECEMBER 31, 2029
L. AWARD CONTRACT FOR REHABILITATION OF HARDCOURT FACILITY AT ROUND LAKE PARK TO BKJ EXCAVATING
M. AUTHORIZE AGREEMENT WITH STARLIGHT AERIAL PRODUCTIONS FOR JULY 3RD DRONE SHOW
N. AUTHORIZE AGREEMENT WITH RES PYRO FOR JULY 4TH FIREWORKS DISPLAY
O. ADOPT RESOLUTION NO. 2024-028 AUTHORIZING STAFF TO SUBMIT
GRANT REQUEST TO OBTAIN FUNDING FROM MINNESOTA ENVIRONMENTAL AND NATURAL RESOURCES TRUST FUND FOR GRANT FUNDING FOR 2025 RICHARD T. ANDERSON MAINTENANCE TRAIL STABILIZATION PROJECT
P. APPROVE AGREEMENT FOR IMPLEMENTATION OF FIRST DUE SOFTWARE SUITE
Q. APPROVE CONTRACT WITH ARVIG ENTERPRISES FOR CONSTRUCTION TO BUILD OUT FIBER OPTIC NETWORK TO STARING LAKE BUILDING
R. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUES 466.04
Freiberg noted he would need to abstain from voting on Consent Agenda Item B.
Preserve Village Infill Chipotle Approve Second Reading Of Ordinance For
Planned Unit Development District Review On 9.08 Acres, Adopt Resolution For Site Plan Review On 9.08 Acres, Approve Development Agreement due to a possible conflict of interest.
MOTION: Nelson moved, seconded by Freiberg, to approve Items A, C-R on the
Consent Calendar. Motion carried 5-0. MOTION: Narayanan moved, seconded by Nelson, to approve Item B on the Consent Calendar. Motion carried 4-0- 1 (Freiberg).
IX. PUBLIC HEARINGS / MEETINGS A. EDEN PRAIRIE RIDGE (9740 EDEN PRAIRIE ROAD) by Pemtom Land
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Company. First reading of Ordinance for Zoning Change on 1.76 acres, Resolution No. 2024-029 for Preliminary Plat on 1.76 acres, Resolution 2024-030 for Park Dedication Fees.
Getschow explained the applicant is requesting approval to plat 9740 Eden Prairie
Rd into two single-family lots and one outlot. The plat will be named Eden Prairie Ridge.
Dan Blake, representative of the Pemtom Land Company, introduced himself. The property is currently vacant and once acted as a parking lot. The parcel is located
on the west side of the Eden Prairie Road, between two segments of Prospect Road
in the southwest quadrant of the city. The property is bordered by single-family development to the south and east. To the north and west is single family residence on a large lot.
Mr. Blake explained the lots will be sold for single family home construction. With
a gross density of approximately 1.1 units per acre, the project is consistent with the
Low-Density Residential guiding. The applicant is requesting to rezone the property from Rural to R1-9.5. The outlot is preserved to preserve options for future road connections to serve the development of the parcel to the north and west.
There were no comments from the audience.
MOTION: Freiberg moved, seconded by Nelson, to close the public hearing, approve the first Reading of the Ordinance for a Zoning District Change from Rural to R1-9.5 on 1.7 acres, adopt Resolution No. 2024-029 for a Preliminary
Plat to divide one lot into two lots and one outlot on 1.7 acres, adopt Resolution
No. 2024-030 for the Findings of Fact in Support of Park Dedication Fees, and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0.
B. ADOPT RESOLUTION NO. 2024-031 APPROVING USE OF 2024 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AS RECOMMENDED BY EDEN PRAIRIE HUMAN SERVICES REVIEW COMMITTEE
Getschow explained Eden Prairie’s 2024 Community Development Block Grant (CDBG) allocation has not yet been announced by the U.S. Department of Housing and Urban Development (HUD). In line with recent annual allocation amounts, Staff estimates a 2024 allocation of $280,000, and this figure was used
by the Human Services Review Committee to make its funding recommendations for 2024. Once the actual allocation amount is received, if there is a decrease in the estimated allocation amount and the public service cap is reached, any amount over the 15 percent will be deducted equally from all public service activities.
Getschow stated a majority of the funds goes toward housing programs conducted
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by the City, noting $122,000 is allotted to the Housing Rehabilitation Deferred Loan Program, $5,000 is allotted to rehab grants, $81,000 is allotted to West Hennepin Affordable Housing Land Trust, $20,000 is allotted to the First-Time
Homebuyer program, $2,000 is allotted to the Fair Housing Initiative, and
$50,000 is allotted to Program Administration. Getschow stated $55,000 will be given to community organizations supporting housing. $35,000 will go to PROP Housing Support Services, $8,000 will go
toward PROP emergency vehicle repair, and $12,000 is for Household and
Outside Maintenance for the Elderly (HOME). Getschow added any additional program income received will be used to cover expenses generated in an existing CDBG Program or activity. The Human
Services Review Committee reviewed the 2024 CDBG proposals and
recommends the following activities be funded. The Human Services Review Committee is made up of a cross-section of City employees. Brenda Lano-Wolke, Executive Director of Homes Within Reach, stated two
homes were added into the program in the previous year. They plan to add three
homes in 2024. She read a letter written by a homeowner Homes Within Reach expressing her gratitude for the program. She thanked the Council for their contribution.
Gary Spears, representative of Senior Community Services, explained they
provide services for both interior and exterior housekeeping. He also oversees a technology program. He shared quotes from clients expressing their gratitude for the program. He thanked the Council for their contribution.
Jennifer Loon, PROP Executive Director, thanked the Council for their ongoing
partnership. The financial requests within the community are frequent and quickly use up the organization’s funds. She shared statistics on financial support PROP offered in the previous year. She shared a quote from a client expressing their gratitude for the program.
MOTION: Toomey moved, seconded by Nelson, to close the public hearing, and to adopt Resolution No. 2024-031 approving the acceptance and distribution of 2024 CDBG funds as recommended by the Eden Prairie Human Services Review Committee. Motion carried 5-0.
C. ADOPT RESOLUTION NO. 2024-032 VACATING PART OF LOT 1, BLOCK
1, BURGER KING EDEN PRAIRIE ADDITION UTILITY EASEMENTS
Getschow explained the developer of Crew Carwash has requested a vacation of part of the utility easements as dedicated on Lot 1, Block 1, Burger King Eden Prairie Addition to facilitate the proposed building location.
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MOTION: Narayanan moved, seconded by Nelson, to close the public hearing, and to adopt Resolution No. 2024-032 vacating part of the Utility Easements lying over, under and across Lot 1, Block 1, Burger King Eden Prairie Addition.
Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Freiberg, to approve the payment of claims as
submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS A. 2024 COMMISSIONS
Getschow pointed out the City Council hosted Commission interviews on Wednesday, February 28, 2024. MOTION: Toomey moved to appoint to the Flying Cloud Airport Advisory
Commission Laura Herrmann and Warren Loken with terms ending March 31,
2027. Narayanan moved to appoint to the Heritage Preservation Commission Paul Thorp, George Maxwell, and Robert Bowes with terms ending March 31, 2027. Case moved to appoint to the Parks, Recreation and Natural Resources Commission Jennifer Meyer and Kirk Spresser with terms ending March 31, 2027
Nelson moved to appoint to the Planning Commission Ed Farr, Robert Taylor, and
Trisha Duncan with terms ending March 31, 2027. Freiberg moved to appoint to the Sustainability Commission Cindy Hoffmann, Aaron Poock, and Carolyn Wieland with terms ending March 31, 2027. Toomey moved to appoint to the Human Rights and Diversity Commission Greg Leeper, Asad Aliweyd, John
Urbanski, Susan Weaver, Savannah Riese, Shana Bates, and Jessica Oaxaca with
terms ending March 31, 2027. Seconded by Nelson. Motion carried 5-0. B. 2024 COMMISSION CHAIRS AND VICE CHAIRS
Getschow pointed out the leadership is almost entirely the same as the previous
year. Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Commissions. MOTION: Narayanan moved to appoint Daniel Dorson as Chair and Marc
Morhack as Vice Chair of the Flying Cloud Airport Advisory Commission. Case
moved to appoint Steve Schumacher as Chair and Paul Thorp as Vice Chair of the Heritage Preservation Commission. Nelson moved to appoint Patrice Erickson as
CITY COUNCIL MINUTES March 12, 2024
Page 7
Chair and Tom Poul as Vice Chair of the Parks, Recreation and Natural Resources Commission. Freiberg moved to appoint Andrew Pieper as Chair and Ed Farr as Vice Chair of the Planning Commission. Toomey moved to appoint Aaron Poock
as Chair and Cindy Hoffmann as Vice Chair of the Sustainability Commission.
Narayanan moved to appoint Gregory Leeper as Chair and Kuhu Singh as Vice Chair of the Human Rights and Diversity Commission. Seconded by Nelson. Motion carried 5-0.
C. 2024 BOARD OF APPEAL AND EQUALIZATION
Getschow explained the proposed members for Council approval are Eden Prairie residents and experienced real estate and valuation professionals with extensive knowledge of the Southwest metro market. There are a few Statutory
requirements for the Board, and Eden Prairie has chosen to utilize the expertise of
local professionals. MOTION: Nelson moved, seconded by Freiberg, to appoint to the Board of Appeal and Equalization Lyndon Moquist, Nate Thompson, Steve Tessman, Mark
Hoffman, and Scott Werdal for the period of March 12, 2024 through May 31,
2024, or until the Board of Appeal and Equalization completes its work. Motion carried 5-0. XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS A. CLOSED SESSION FOR THE CITY MANAGER PERFORMANCE
REVIEW MOTION: Toomey moved, seconded by Narayanan, to enter into closed session
CITY COUNCIL MINUTES March 12, 2024
Page 8
for the purpose of conducting the City Manager’s review at 7:42 p.m. Motion carried 5-0.
This meeting is to conduct a closed session pursuant to Minnesota Statute §
13D.05, Subd. 3(a). MOTION: Toomey moved, seconded by Narayanan, to exit the closed session. Motion carried 5-0.
XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Toomey, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:53 p.m.
Respectfully submitted,
________________________
Sara Aschenbeck, Administrative Support Specialist
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 2, 2024
DEPARTMENT/DIVISION:
Christy Weigel, Police/ Support Unit
ITEM DESCRIPTION:
Clerk’s License Application List
ITEM NO.:
VIII.A.
These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below
Temporary On-Sale Wine Organization: City of Eden Prairie Event: Wine Tasting Date: September 12, 2024
Place: Garden Room of Eden Prairie
8080 Mitchell Road Organization: City of Eden Prairie Event: Wine Tasting
Date: October 24, 2024
Place: Garden Room of Eden Prairie 8080 Mitchell Road Organization: City of Eden Prairie
Event: Wine Tasting
Date: December 5, 2024 Place: Garden Room of Eden Prairie 8080 Mitchell Road
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 2, 2024
DEPARTMENT/DIVISION:
Community Development/Planning Julie Klima/Sarah Strain
ITEM DESCRIPTION:
Master License Agreement with Verizon Wireless for Small Cell Installations
ITEM NO.:
VIII.B.
Requested Action Move to:
• Adopt resolution approving master license agreement amendment with Verizon Wireless for small and medium cell installations.
• Approve the supplement to the master license agreement for the installation in Crestwood
Park
• Approve the supplement to the master license agreement for the installation in Franlo Park
Synopsis
In 2016, Verizon Wireless entered a Master License Agreement with the City of Eden Prairie to install small cell telecommunications in the City right-of-way. Verizon would like to amend this license agreement to allow for small and medium sized telecommunications installations on City property outside of the right-of-way. The sites proposed along with this license agreement
amendment is a 76 foot tall tower in Crestwood Park and a 69 foot tower in Franlo Park. Background Small and medium cell facilities work as a companion to large cell sites traditionally scene on water towers, high-rise buildings, or tall standalone antennae. These sites provide the needed
coverage in dark areas that lack coverage or in high traffic areas that need additional support
infrastructure. Verizon has identified that the southwest portion of the City has poorer cell coverage and is proposing to construct the 76 foot tall tower to boost signal in this area of the City.
The master license agreement amendment details the general conditions for future Verizon
Wireless small and medium cell site installations on city infrastructure or on city property. Prior to the construction of a telecommunications site, Verizon Wireless and the City would need to enter into a supplemental agreement that would detail specific design components at that location.
For the supplement agreement to install telecommunications facilities at Crestwood and Franlo Parks, the City will receive a lease payment of $28,000 for each site for the first year of service from Verizon Wireless. This rate will increase 3% each year for each site through the end of the agreement term in 2049.
Recommendation Staff recommends approval of the of the amendment to the Master License Agreement, the
Crestwood Park supplement, and the Franlo Park supplement.
Attachments 1. Resolution 2. Master License Agreement Amendment
3. Crestwood Park Supplement
4. Franlo Park Supplement
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024-____ A RESOLUTION AMENDING A MASTER LICENSE AGREEMENT BETWEEN VERIZON WIRELESS AND THE CITY OF EDEN PRAIRIE, MINNESOTA
WHEREAS, Verizon entered into a Master License Agreement with the City of Eden Prairie, approved by City Council on July 19, 2016; and WHEREAS, the original license agreement between The City of Eden Prairie and Verizon will soon be
expiring after the full 10 years of the license agreement; and WHEREAS, Verizon has requested an amended license agreement to extend the length of the term of the license agreement and to expand operations to include small and medium cell facilities on City owned property; and
WHEREAS, small and medium cell facilities work as a companion to large mobile macro sites; and WHEREAS, small and medium cell sites provide the needed coverage in dark areas that lack coverage or in high traffic areas that need additional support infrastructure; and
WHEREAS, this master license agreement amendment would allow for the location of public utility facilities on City-owned property which is in the interest of the public; and WHEREAS, the City Council has reviewed said request at a public meeting on March 12, 2024.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. This master license agreement and the amendment detail the general conditions for future Verizon
Wireless small and medium cell site installations on City infrastructure or on City property.
2. Prior to the construction of a small or medium cell site, Verizon Wireless and the City would need to enter into a license supplement agreement that would detail specific design components at that location. 3. In exchange for allowing Verizon Wireless to locate on City property, the City will receive lease
payments for each license supplement agreement executed.
ADOPTED by the City Council of the City of Eden Prairie this 2nd day of April, 2024.
_______________________ Ronald A. Case, Mayor ATTEST:
________________________ David Teigland, City Clerk
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City of Eden Prairie – First Amendment to Master License CORE/0762186.3506/186226561.4
FIRST AMENDMENT TO MASTER LICENSE AGREEMENT
THIS FIRST AMENDMENT TO MASTER LICENSE AGREEMENT (the "First Amendment") is made and shall be effective, as of the last date of the signatures below (the "Effective Date"), between the City of Eden Prairie, Minnesota, with its principal offices located at 8080 Mitchell Road, Eden Prairie, Minnesota 55344 ("LICENSOR"), and Cellco Partnership d/b/a Verizon Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AW100,
Basking Ridge, New Jersey 07920 ("LICENSEE"). LICENSOR and LICENSEE may be
referenced in this First Amendment individually as a "Party" or collectively as the "Parties."
WITNESSETH
WHEREAS, LICENSOR and LICENSEE (or their predecessors in interest) are parties to that certain Master License Agreement, dated July 19, 2016 (the "Agreement");
WHEREAS, the purpose of the Agreement was to allow LICENSEE to install, maintain,
and operate communications facilities, structures and related equipment (collectively, the "Equipment") in and/or upon certain of LICENSOR's light poles, traffic control poles, and certain public rights-of-way ("ROW") and/or real property;
WHEREAS, the Parties desire to amend the Agreement to allow, subject to the Agreement,
the installation of LICENSEE Equipment, including LICENSEE-owned poles or towers, on
LICENSOR Properties outside of the ROW; and
WHEREAS, LICENSOR and LICENSEE wish to further amend the Agreement as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained in
this First Amendment, and other good and valuable consideration, the adequacy and sufficiency
of which are hereby acknowledged by the Parties, the Parties agree to amend the Agreement as follows:
1. Defined Terms. Except as otherwise defined in this First Amendment, all capitalized terms set forth in this First Amendment shall have the meaning ascribed
to them in the Agreement.
2. LICENSEE's Request to Use Premises. From and after the Effective Date, LICENSEE's applications for Governmental Approvals in connection with the siting, construction, modification and removal of LICENSEE's Equipment and related facilities shall be reviewed and acted upon by LICENSOR in accordance
with applicable Federal Communications Commission ("FCC") federal, state, and
local laws and regulations.
3. Premises. From and after the Effective Date, the term "Equipment" shall, when applicable, include poles and towers owned by LICENSEE. LICENSEE's "Premises" on Properties outside of the ROW shall also include non-exclusive
easements for ingress and egress from a ROW, 7 days a week, 24 hours a day, over
the applicable Property to and from the Premises, and for the installation, operation,
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City of Eden Prairie – First Amendment to Master License CORE/0762186.3506/186226561.4
and maintenance of wires, cables, conduits, pipes, and appurtenances for all
necessary electrical, telephone, fiber, and other similar support services as deemed
necessary or appropriate by LICENSEE. For the avoidance of doubt, LICENSOR shall not have any obligations under the Agreement with respect to the installation, maintenance, repair, modification, or removal of any Equipment, including poles or towers, owned by LICENSEE.
4. Ownership. Section I.f. is deleted in its entirety and replaced with the following:
Except for poles, towers or other LICENSEE Equipment installed by LICENSEE on Properties outside of the ROW, all other Poles used by LICENSEE under this Agreement, including Poles installed by LICENSEE, shall be and remain the property of LICENSOR, and any payments made by
the LICENSEE for changes to existing lighting or signal poles, conduits,
conductor pull boxes, facilities, and appurtenances, or installation of any new Poles, conduits, conductor pull boxes, facilities, or appurtenances, under this Agreement shall not entitle LICENSEE to ownership of any of said infrastructure. All poles, towers or other LICENSEE Equipment installed by
LICENSEE on Properties outside of the ROW shall be and remain the
property of LICENSEE.
5. Term/Rental. The first sentence in the second full paragraph of Article VI of the Agreement is hereby deleted in its entirety and replaced with the following:
LICENSEE shall pay to LICENSOR annual Base Rent ("Base Rent") for
each Premises in the amount as mutually agreed upon by the Parties and set
forth in the applicable Supplement. Base Rent shall be payable in annual installments, as set forth in the paragraph below.
6. Extensions.
a. LICENSOR and LICENSEE hereby agree to extend the Term of the
Agreement for the first of the three (3) five (5) year extension terms
provided under Article VII of the Agreement.
b. The fourth (4th) sentence of Article VII of the Agreement is hereby deleted in its entirety and replaced with the following:
Each Supplement shall automatically be extended for three (3) additional
five (5) year extension terms unless LICENSEE terminates the Supplement
at the end of the initial five (5) year term, or the then-current extension term, by giving LICENSOR written notice of the intent to terminate at least three (3) months prior to the end of such term. After the termination of this Agreement, its terms and conditions shall survive and govern with respect
to any Supplements in effect until their termination.
7. Address for Notice. LICENSEE's notice address for purposes of the Agreement and each Supplement is hereby replaced with the following:
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City of Eden Prairie – First Amendment to Master License CORE/0762186.3506/186226561.4
LICENSEE: Cellco Partnership
d/b/a Verizon Wireless
Attn: Network Real Estate 180 Washington Valley Road Bedminster, New Jersey 07921
with a copy to:
Basking Ridge Mail Hub Attn: Legal Intake One Verizon Way
Basking Ridge, NJ 07920
Notice of any interference or Jeopardy event may also be provided to LICENSEE's Network Monitoring Center by telephone at (800) 264-6620.
8. Form of License Supplement. As to each Supplement, in the event of any conflict
or inconsistency between the terms, conditions, specifications and provisions of the
Supplement and the Agreement, except as otherwise expressly stated in the Agreement, the terms, conditions, specifications and provisions of the applicable Supplement shall take precedence and control.
9. Authorization.
a. Following said approval and execution of this First Amendment, the second
sentence in Section I.b. is hereby deleted in its entirety and replaced with the following:
Each individual Supplement may be approved and executed by the City Manager, or his/her designee, unless LICENSOR advises LICENSEE in
writing that an individual Supplement must be approved by the City
Council.
b. LICENSEE hereby warrants to LICENSOR that the person executing this First Amendment, and each Supplement entered into pursuant to the Agreement, on behalf of LICENSEE has the full right, power and authority
to enter into and execute this First Amendment or the applicable
Supplement on LICENSEE's behalf, and that no consent from any other person or entity is necessary as a condition precedent to the legal effect thereof.
10. Prior Supplements. From and after the Effective Date of this First Amendment,
except to the extent agreed otherwise by the Parties as provided below, the amended
terms and conditions as effected by this First Amendment shall be deemed incorporated by reference in the Supplements executed in accordance with the Agreement prior to the Effective Date, but shall apply to such Supplements only on a prospective basis. Notwithstanding the foregoing, the Base Rent payable under
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City of Eden Prairie – First Amendment to Master License CORE/0762186.3506/186226561.4
each Supplement entered into by the Parties prior to the Effective Date of this First
Amendment is not modified hereby and shall continue to be payable by LICENSEE
with regard to each such Supplement until the expiration or termination thereof in accordance with the Agreement.
11. Continued Effect. Except as specifically modified by this First Amendment, all of the terms and conditions of the Agreement shall remain in full force and effect.
In the event of a conflict between any term and provision of the Agreement and this
First Amendment, the terms and provisions of this First Amendment shall control. All captions are for reference purposes only and shall not be used in the construction or interpretation of this First Amendment.
[End of Text – Signature Page to Follow]
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City of Eden Prairie – First Amendment to Master License CORE/0762186.3506/186226561.4
IN WITNESS WHEREOF, this First Amendment is effective and entered into as of the
date last written below:
LICENSOR:
City of Eden Prairie, Minnesota
By: Ronald A. Case
Title: Mayor
Date:
AND
By:
Rick Getschow
Title: City Manager
Date:
LICENSEE:
Cellco Partnership d/b/a Verizon Wireless
By:
Name:
Title:
Date:
1
MIN Dell (MDG# 5000914938) – MLA Supplement CORE/0762186.3506/186248769.3
LICENSE SUPPLEMENT
1. This Supplement (this "Supplement"), is made this 2nd day of April, 2024 between the
City of Eden Prairie, Minnesota, with its principal offices located at 8080 Mitchell Road, Eden Prairie, MN 55344 ("LICENSOR"), and Cellco Partnership d/b/a Verizon Wireless, whose principal place of business is One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("LICENSEE").
2. Master License Agreement. This Supplement is a Supplement as referenced in that certain
Master License Agreement between LICENSOR and LICENSEE, dated July 19, 2016 (as amended, the "Agreement"). All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the
Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used
in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein.
3. Premises. The Property owned by LICENSOR is located at Crestwood Park, Eden Prairie, Minnesota. The Property is legally described on Exhibit "1" attached hereto and made a part
hereof. The Premises licensed by LICENSOR to LICENSEE hereunder (including the non-
exclusive access and utility easements) is described on Exhibit "2" attached hereto and made a part hereof.
4. Term. The Commencement Date and the Term of this Supplement shall be as set forth in Article VI of the Agreement.
5. Consideration. Annual Base Rent for this Supplement shall be $28,000.00, payable as set
forth in Article VI of the Agreement. The annual Base Rent shall increase each January 1 during the Term of this Supplement by an amount equal to three percent (3%) of the annual Base Rent payable during the immediately preceding calendar year.
6. Site Specific Terms.
a. In the event of any power interruption at the Premises, LICENSEE shall be
permitted to install, maintain and/or provide access to and use of a temporary power source to be located on the Property, including related equipment and appurtenances, such as conduits connecting the temporary power source to the Premises.
b. Should LICENSOR, at any time during the Term, decide (i) to sell or
otherwise transfer any portion of the Property which includes the Premises, or (ii) to grant
to a third party by easement or other legal instrument an interest in or to any portion of the Premises, such sale, transfer, assignment or grant of an easement or other interest shall be under and subject to this Supplement and the Agreement, and any such purchaser, assignee or transferee shall recognize LICENSEE's rights hereunder. In the event LICENSOR
completes any such sale, transfer, assignment or grant described in this Paragraph,
LICENSOR shall be released from its obligations to LICENSEE under this Supplement and the Agreement only to the extent of the obligations assumed by the third party purchaser, transferee or assignee.
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c. LICENSOR covenants that LICENSEE, on paying Base Rent and
performing the covenants herein, shall peaceably and quietly have, hold and enjoy the
Premises. LICENSOR represents and warrants to LICENSEE as of the Effective Date that LICENSOR has full authority to enter into and execute this Supplement and that there are no liens, judgments, covenants, easements, restrictions or other impediments of title to the Property that will adversely affect LICENSEE's Approved Use.
d. LICENSEE shall conduct its activities on the Property in compliance with
all applicable laws governing the protection of the environment or employee health and safety (collectively, "EH&S Laws"). LICENSEE shall indemnify and hold harmless the LICENSOR from claims to the extent resulting from LICENSEE's violation of any applicable EH&S Laws or to the extent that LICENSEE causes a release of any regulated
substance to the environment. LICENSOR shall be responsible for addressing claims
resulting from the violation of any applicable EH&S Laws or a release of any regulated substance to the environment, except to the extent resulting from the activities of LICENSEE. The Parties recognize that LICENSEE is only leasing a small portion of the Property and that LICENSEE shall not be responsible for any environmental condition or
issue, except to the extent resulting from LICENSEE's specific activities and
responsibilities. In the event LICENSEE encounters any hazardous substances that do not result from its activities, LICENSEE may relocate its Equipment to avoid such hazardous substances to a mutually agreeable location or, if LICENSEE desires to remove at its own cost all or some of the hazardous substances or materials (such as soil) containing those
hazardous substances, LICENSOR agrees to sign any necessary waste manifest associated
with the removal, transportation and/or disposal of such substances.
e. If LICENSOR is required by law to collect any federal, state, or local tax, fee, or other governmental imposition (each, a "Tax") from LICENSEE with respect to the transactions contemplated by this Supplement and the Agreement, then LICENSOR shall
bill such Tax to LICENSEE in the manner and for the amount required by law, LICENSEE
shall promptly pay such billed amount of Tax to LICENSOR, and LICENSOR shall remit such Tax to the appropriate tax authorities as required by law; provided, however, that LICENSOR shall not bill to or otherwise attempt to collect from LICENSEE any Tax with respect to which LICENSEE has provided LICENSOR with an exemption certificate or
other reasonable basis for relieving LICENSOR of its responsibility to collect such tax
from LICENSEE. LICENSEE acknowledges that LICENSOR, as a municipal corporation, is not subject to real property taxes. LICENSEE shall be responsible for all Taxes that are assessed against or are otherwise the legal responsibility of LICENSEE with respect to itself, its property, and the transactions contemplated by this Supplement and the
Agreement.
[Remainder of Page Intentionally Blank- Signatures on Following Page]
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MIN Dell (MDG# 5000914938) – MLA Supplement CORE/0762186.3506/186248769.3
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seal
the day and year first above written.
LICENSOR:
City of Eden Prairie, Minnesota
By: ______________________________________
Print Name:
Title: City Manager
Date:
LICENSEE:
Cellco Partnership d/b/a Verizon Wireless
By: ______________________________________
Name:
Title:
Date:
Exhibit 1
Page 1 of 1
MIN Dell (MDG# 5000914938) – MLA Supplement CORE/0762186.3506/186248769.3
EXHIBIT 1
Property Legal Description
That part of Outlot B, CRESTWOOD, lying south of the North 403 feet of said Outlot. That part of the North 403 feet of Outlot B, CRESTWOOD, described as beginning at the
southwest corner of said North 403 feet; thence North 00 degrees 15 minutes 01 seconds East,
assumed bearing along the westerly line of the said Outlot B, a distance of 66.21 feet; thence North 78 degrees 15 minutes 01 seconds East along said westerly line a distance of 14.40 feet; thence North 00 degrees 02 minutes 23 seconds East, along said westerly line a distance of 51.08 feet; thence North 78 degrees 15 minutes 01 seconds East a distance of 26.69 feet; thence South
00 degrees 15 minutes 01 seconds West a distance of 126.81 feet to the south line of said North
403 feet; thence West along said south line a distance of 40.01 feet to the point of beginning.
Exhibit 2
Page 1 of 3
MIN Dell (MDG# 5000914938) – MLA Supplement CORE/0762186.3506/186248769.3
EXHIBIT 2
Premises
(See Attached)
Exhibit 2
Page 2 of 3
MIN Dell (MDG# 5000914938) – MLA Supplement CORE/0762186.3506/186248769.3
Exhibit 2
Page 3 of 3
MIN Dell (MDG# 5000914938) – MLA Supplement CORE/0762186.3506/186248769.3
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MIN Pioneer Trails (MDG#5000139744) – MLA Supplement CORE/0762186.3421/186866357.1
LICENSE SUPPLEMENT
1. This Supplement (this "Supplement"), is made this 2nd day of April, 2024 between the
City of Eden Prairie, Minnesota, with its principal offices located at 8080 Mitchell Road, Eden Prairie, MN 55344 ("LICENSOR"), and Cellco Partnership d/b/a Verizon Wireless, whose principal place of business is One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("LICENSEE").
2. Master License Agreement. This Supplement is a Supplement as referenced in that certain
Master License Agreement between LICENSOR and LICENSEE, dated July 19, 2016 (as amended, the "Agreement"). All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the
Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used
in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein.
3. Premises. The Property owned by LICENSOR is located at Franlo Park, Eden Prairie, Minnesota. The Property is described on Exhibit "1" attached hereto and made a part hereof. The
Premises licensed by LICENSOR to LICENSEE hereunder (including the non-exclusive access
and utility easements) is described on Exhibit "2" attached hereto and made a part hereof.
4. Term. The Commencement Date and the Term of this Supplement shall be as set forth in Article VI of the Agreement.
5. Consideration. Annual Base Rent for this Supplement shall be $28,000.00, payable as set
forth in Article VI of the Agreement. The annual Base Rent shall increase each January 1 during
the Term of this Supplement by an amount equal to three percent (3%) of the annual Base Rent payable during the immediately preceding calendar year.
6.Site Specific Terms.
a. In the event of any power interruption at the Premises, LICENSEE shall be
permitted to install, maintain and/or provide access to and use of a temporary power source
to be located on the Property, including related equipment and appurtenances, such as conduits connecting the temporary power source to the Premises.
b. Should LICENSOR, at any time during the Term, decide (i) to sell orotherwise transfer any portion of the Property which includes the Premises, or (ii) to grant
to a third party by easement or other legal instrument an interest in or to any portion of the
Premises, such sale, transfer, assignment or grant of an easement or other interest shall be under and subject to this Supplement and the Agreement, and any such purchaser, assignee or transferee shall recognize LICENSEE's rights hereunder. In the event LICENSOR completes any such sale, transfer, assignment or grant described in this Paragraph,
LICENSOR shall be released from its obligations to LICENSEE under this Supplement
and the Agreement only to the extent of the obligations assumed by the third party purchaser, transferee or assignee.
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MIN Pioneer Trails (MDG#5000139744) – MLA Supplement CORE/0762186.3421/186866357.1
c. LICENSOR covenants that LICENSEE, on paying Base Rent and
performing the covenants herein, shall peaceably and quietly have, hold and enjoy the
Premises. LICENSOR represents and warrants to LICENSEE as of the Effective Date that LICENSOR has full authority to enter into and execute this Supplement and that there are no liens, judgments, covenants, easements, restrictions or other impediments of title to the Property that will adversely affect LICENSEE's Approved Use.
d. LICENSEE shall conduct its activities on the Property in compliance with
all applicable laws governing the protection of the environment or employee health and safety (collectively, "EH&S Laws"). LICENSEE shall indemnify and hold harmless the LICENSOR from claims to the extent resulting from LICENSEE's violation of any applicable EH&S Laws or to the extent that LICENSEE causes a release of any regulated
substance to the environment. LICENSOR shall be responsible for addressing claims
resulting from the violation of any applicable EH&S Laws or a release of any regulated substance to the environment, except to the extent resulting from the activities of LICENSEE. The Parties recognize that LICENSEE is only leasing a small portion of the Property and that LICENSEE shall not be responsible for any environmental condition or
issue, except to the extent resulting from LICENSEE's specific activities and
responsibilities. In the event LICENSEE encounters any hazardous substances that do not result from its activities, LICENSEE may relocate its Equipment to avoid such hazardous substances to a mutually agreeable location or, if LICENSEE desires to remove at its own cost all or some of the hazardous substances or materials (such as soil) containing those
hazardous substances, LICENSOR agrees to sign any necessary waste manifest associated
with the removal, transportation and/or disposal of such substances.
e. If LICENSOR is required by law to collect any federal, state, or local tax, fee, or other governmental imposition (each, a "Tax") from LICENSEE with respect to the transactions contemplated by this Supplement and the Agreement, then LICENSOR shall
bill such Tax to LICENSEE in the manner and for the amount required by law, LICENSEE
shall promptly pay such billed amount of Tax to LICENSOR, and LICENSOR shall remit such Tax to the appropriate tax authorities as required by law; provided, however, that LICENSOR shall not bill to or otherwise attempt to collect from LICENSEE any Tax with respect to which LICENSEE has provided LICENSOR with an exemption certificate or
other reasonable basis for relieving LICENSOR of its responsibility to collect such tax
from LICENSEE. LICENSEE acknowledges that LICENSOR, as a municipal corporation, is not subject to real property taxes. LICENSEE shall be responsible for all Taxes that are assessed against or are otherwise the legal responsibility of LICENSEE with respect to itself, its property, and the transactions contemplated by this Supplement and the
Agreement.
[Remainder of Page Intentionally Blank- Signatures on Following Page]
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MIN Pioneer Trails (MDG#5000139744) – MLA Supplement CORE/0762186.3421/186866357.1
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seal
the day and year first above written.
LICENSOR:
City of Eden Prairie, Minnesota
By: ______________________________________
Print Name:
Title: City Manager
Date:
LICENSEE:
Cellco Partnership d/b/a Verizon Wireless
By: ______________________________________
Name:
Title:
Date:
Exhibit 1
Page 1 of 1
MIN Pioneer Trails (MDG#5000139744) – MLA Supplement CORE/0762186.3421/186866357.1
EXHIBIT 1
Property Description
Franlo Park: 10245 Franlo Road, Eden Prairie, Minnesota
Parcel ID: 3611622120037
Exhibit 2
Page 1 of 2
MIN Pioneer Trails (MDG#5000139744) – MLA Supplement CORE/0762186.3421/186866357.1
EXHIBIT 2
Premises
(See Attached)
Exhibit 2
Page 2 of 2
MIN Pioneer Trails (MDG#5000139744) – MLA Supplement CORE/0762186.3421/186866357.1
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 2, 2024
DEPARTMENT/DIVISION:
Community Development/ED Julie Klima/David Lindahl
ITEM DESCRIPTION:
Resolution Supporting Application to DEED JCF Program
ITEM NO.:
VIII.C.
Requested Action Move to: Adopt a resolution supporting application to the Jobs Creation Fund (JCF) by Eden Prairie
based company Aldevron Corporation.
Synopsis
Aldevron Corporation is applying for a $1.8M Jobs Creation Fund (JCF) grant through the Department of Employment and Economic Development’s (DEED) to help fund a major expansion and renovation of 7075 Flying Cloud Drive in Eden Prairie. DEED requires the City to adopt a resolution of support. Background
Aldevron is headquartered in Fargo, ND, and is a life sciences company that manufactures Plasma DNA. They purchased 7075 Flying Cloud in 2022 and recently obtained City approval for a major renovation and expansion. They plan to invest over $200M in the project and create 500 new jobs. The building was originally constructed in 1982 and was the former headquarters for Bluestem, Super Valu, Best Buy,
Northgate Computers, and Lee Data Corporations. JCF provides financing to help create and retain high-quality jobs on a statewide basis. It’s intended for industrial, manufacturing, and technology-related industries to increase local and state tax base and improve economic vitality statewide. JCF funds are awarded to cities who provide loans or grants to assist
expanding businesses.
Attachments
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024-_____
A RESOLUTION OF SUPPORT OF A JOB CREATION FUND APPLICATION BY EDEN PRAIRIE COMPANY ALDEVRON CORPORATION.
WHEREAS, the City of Eden Prairie, Minnesota (the “City”), desires to assist Aldevron Corporation, a Minnesota Corporation, which is proposing to expand a facility in the City; and,
WHEREAS, the City of Eden Prairie understands that Aldevron Corporation, with the support of the City, intends to submit to the Minnesota Department of Employment and Economic Development (DEED) an application for an award and/or rebate from the Job Creation Fund Program; and,
WHEREAS, the City of Eden Prairie held a City Council meeting on April 2, 2024, to consider this matter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that, after due consideration, the Mayor and City Council hereby supports the Aldevron application for an award and/or rebate from the Job Creation Fund program and adopts the following findings of fact related to the project proposed by Aldevron Corporation:
1. Finding that the project is in the public interest because it will encourage the growth of commerce and industry, prevent the movement of current or future operations to locations outside Minnesota, result in increased employment in Minnesota, and preserve or enhance the
state and local tax base.
• Aldevron Corporation has indicated that JCF funding is necessary to offset the
cost for a major expansion and renovation at 7075 Flying Cloud Drive in Eden
Prairie and will help support 500 new jobs over the next three years.
2. Finding that the proposed project, in the opinion of the City Council, would not reasonably be
expected to occur solely through private investment within the reasonably foreseeable future.
• Aldevron Corporation is headquartered in Fargo ND and purchased the 350,000
square foot building located at 7075 Flying Cloud Drive in in Eden Prairie in 2022
to renovate and expand the property into an office and manufacturing facility.
• Aldevron Corporation has indicated that without JCF funding, they will be forced
to consider relocating the facility to another State or location where incentives are
available.
3 Finding that the proposed project conforms to the general plan for the development or
redevelopment of the City as a whole.
• Aldevron Corporation’s facility located at 7075 Flying Cloud Drive and its proposed plans to create a new manufacturing facility is a consistent with the City’s
Comprehensive Plan.
4 Finding that the proposed project will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the project by private enterprise.
a. Aldevron Corporation’s facility located at 7075 Flying Cloud Drive and its proposed plans to create a new manufacturing facility is a consistent with the City’s
Comprehensive Plan.
ADOPTED by the City Council of the City of Eden Prairie on this 2nd day of April 2024.
____________________________
Ronald A. Case, Mayor
ATTEST:
____________________________
David Teigland, City Clerk
Requested Action Move to: Adopt a resolution approving the appointment of election judges for the April 30, 2024, Special Primary and May 14, 2024, Special Election for Hennepin County District 6 Commissioner. Synopsis State Statute 204B.21, Subd.2 requires appointment of election judges by the City Council at least 25 days before an election. Election judge appointments for multiple elections may be made
via the same resolution. Attachment Resolution
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 2, 2024
DEPARTMENT/DIVISION: Office of the City Manager David Teigland, City Clerk
ITEM DESCRIPTION:
Adopt Resolution Approving Appointment of Election Judges for the Hennepin County District
6 Commissioner Special Primary and Special
Election
ITEM NO.:
VIII.D.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-___
WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before an election.
BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons
have agreed to serve as election or alternate judges and are appointed for the Hennepin County District 6 Commissioner Special Primary to be held April 30, 2024, and the Hennepin County District 6 Commissioner Special Election to be held May 14, 2024.
Robert Amell
Cheryl Anderson Mark Anderson Michael Anderson Beverly Annunziato
Lisa Ashley Keith Attarian Nadi Bajda Jessica Ballantine Aarya Batchu Nancy Bates
Fred Baumer David Beach Bernadine Beauvais Rachel Benzine Steven Berglund Ann Berne-Rannow Denise Beusen Jennifer Bharucha Jean Biehl Michael Biermaier Laura Bishop Judith Bissonett Charles Boline Nancy Bollweg Sharon Borine Prinna Boudreau Randall Bradley John Brecount David Brennan Eric Brooks Sami Brouwer Toweya Brown-Ochs Charlotte Butz John Butz Carol Cansdale Karen Carlson Eapen Chacko Mary Christenson Eric Christiansen Tara Clawson Jan Cody
Nancy Conboy John Conley Marilyn Corrigan Pedro Curry Allison Curtis Gene Dahlke Jayne Dakay Jean Daniels Kathy Dardick Sandra Davis Sara Davis Gail Dean Barbara Decker Janet Deems Carolyn Dixon Jane Doran Bob Dover Lisa Doyle Margaret DuBord Tracy Dungan Joseph Dupont Daniel Dylla Joyce Edwards Janet Eian Jonathan Emro Christina Factor Kelly Fager Diane Falkum Thomas Fidler Cheryl Fiore Rod Fisher Colleen Fitzgerald-Bunn John Forster Margaret Francazio Donnamae Fritz Max Fritzler Raphaela Garton Sung Gee Nancy Geiger Norbert Gernes
Casey Getzloff
Elizabeth Gherity Margaret Gibson Joseph Glenn John Goergen Andrea Gorrilla
Barbara Guth Chris Hallin Kayla Hambek Sherry Harms Paul Hawkins Donald Hayden Linda Hayen Lisa Heinecke Michael Henle William Henry Garrett Hetchler Lucas Hoch Art Holtan Jeffrey Houdek Robert Hudson Lori Hulstein Stephen Hunt Jennifer Iverson Kristi Jackson Phyllis Jackson Cathy Jelinek Allison Johnson David Baird Johnson Joel Johnson Joyce Johnson Kimberley Johnson Rachael Johnson Terri Johnson Therese Johnson Judy Kammer Caryn Katzung Debra Kehoe Tony Kelleran John Kingery Elise Kist Barbara Kistle Robert Kitt, Jr.
Timothy Knaeble Toni Knorr Chad Koebnick Stacey Koehler Cindy Kraemer Liliya Krast Jessica Kuenzli Mary Lambert Meghan Lannan Christine Lasley Scott Leverenz Richard Levesque Stephanie Liestman Brian Link Nancy Little Douglas Lobdell Mary Lofstrom Linda Lonn Jill Maczka Perdip Mand John Maring Dawn Martin Ruth Maydole John McCulloch Patricia McCulloch Barbara McGraw Lorene McWaters John Meier Rose Ann Meier Helen Meyers Linda Middendorf Jean Miller Patricia Moe Steve Mosow Suzanne Murphy Pat Nalley Michael Natt Cheryl Nehl Lorraine Nickels Leah Nordquist Amy O'Neill Mike Ochs
Deborah Olson Judy Olson Sandra Olson Margaret Olson-Thomsen Joan Palmquist Sandy Pawlyszyn Barbara Pederson Mary Perkins John Peters Sharon Peterson Megan Petkoff Carol Pierce Mark Pincumbe Deanne Pixley Cheryl Poling Donald Ramler Vivian Rank Lori Rau Cindy Ravn Gerald Rekedal
Barbara Rightler
Lia Ringhausen Anne Ringquist Gary Rodekuhr Nicholas Rogers Karen Rosenlund Vickie Rudolph
Rod Rue Kateri Ruiz Renee Rushdy Thomas Ryan
Paula Rylander Brittany Samoylov
Linda Schiltz Julie Schindel Connie Schlundt Colleen Schultz
Robyn Scott Marianne Seidenstricker
Priya Senthilkumar Vanita Shah
Cheryl Sherbrooke
David Sherman Jennifer Shinners
Lisa Sisinni Richard Skala
Anthony Staffenhagen Keely Stansberry
Maura Steblay Lisa Stene
Charles Stewart Suzanne Stordahl
Lisa Stuart Cindy Sundberg
Jill Swanson Sarah Swanson
Kathleen Swart Lynn Thom
Cheryl Trafas Judith Truc
Julie Tufford Blaine Turk
Scott Turnbull
Autumn Tysk Patricia Vagnoni
Pamela Vanek Harriett Veith
Mark Voorhees Walter Wagner Lori Waltzer Huaping Wang
Ann Watanabe Bob Wentzel
Pernille Whited Kathy Williams Steven Wilson Randall Wittenberg
James York Norman York Ashley Young Kenneth Zigrino
BE IT FURTHER RESOLVED that the City Clerk is, with this, authorized to make any substitutions or additions as deemed necessary.
ADOPTED by the Eden Prairie City Council on this 2nd day of April, 2024.
_________________________ Ronald A. Case, Mayor ATTEST:
_______________________ David Teigland, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 2, 2024
DEPARTMENT/DIVISION:
Lori Haak
Water Resources / Engineering
ITEM DESCRIPTION: I.C. #5815-12
Approve Professional Services Agreement with Waterfront Restoration to Conduct Watercraft Inspections
ITEM NO.:
VIII.E.
Requested Action
Move to: Approve Professional Services Agreement with Waterfront Restoration to conduct watercraft
inspections through the 2028 season at Mitchell Lake, Red Rock Lake, and Lake Riley at a cost not to exceed $69,841.11 for 2024, with annual rate increases not to exceed 4%. Synopsis
Riley Purgatory Bluff Creek Watershed District (RPBCWD) requested that the City of Eden Prairie continue managing the aquatic invasive species inspection program at three of Eden Prairie’s lakes with watercraft accesses (Mitchell, Red Rock, and Riley). Two companies were contacted to provide proposals for watercraft inspections at lakes within the City; one proposal was received. The proposal
included an option to extend the contract for five years (through 2028). To aid in this effort, RPBCWD will provide approximately $34,000 annually to help cover program costs. Expenses exceeding the watershed district’s contribution will be paid from the Stormwater Utility. Background Information
On March 14, 2012, RPBCWD sent a letter acknowledging the City’s efforts in establishing an aquatic invasive species (AIS) program. The Board of Managers stated that they felt that the best approach would be to assist cities in providing an inspection program for public boat accesses. The purposes of the inspection program are twofold: 1. To slow and/or prevent the spread of aquatic invasive species (AIS) by removing AIS from
boats before they enter and after they exit Eden Prairie lakes; and 2. To educate the public about AIS to slow and/or prevent the spread throughout the state. The main priority is to provide inspections for watercraft entering and exiting lakes recognized as
having regional significance, such as Lake Riley. However, the educational component of the program allows the inclusion of any lake with a public access. As such, Mitchell Lake and Red Rock Lake are included in the program, although with reduced hours. Funds allocated by RPBCWD are $34,000 in 2024.
One proposal was received for AIS Inspection Services from May 11 through October 27, 2024.
• WaterGuards – no proposal received
• Waterfront Restoration - $69,841.11 (hourly rate = $29.21) Waterfront Restoration proposed an agreement for 5 years (through October 31, 2028) with an annual
rate increase not to exceed 4% per year. Waterfront Restoration has been the sole respondent to the RFP since 2022 and has provided a high level of service. The City is willing to enter into an agreement with Waterfront Restoration for 5 years of service for AIS inspection services.
The City’s Water Resources Interns will help to manage the program. Expenses above the watershed
district’s contribution will be paid from the Stormwater Utility. Attachments
• Agreement with Exhibit A (Proposal from Waterfront Restoration, dated March 12, 2024)
• 2024 RFP – Watercraft Inspections
2024 03 08
Version 2024 03 08
Agreement for Professional Services
This Agreement (“Agreement”) is made on the th day of , 2024, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Waterfront Restoration, LLC (“Consultant”), a Minnesota Limited Liability Company (hereinafter “Consultant”) whose business address is 4125 Windridge
Circle, Minnetonka, MN 55305_.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Watercraft Inspection Services, hereinafter referred to as the “Work”.
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A ( proposal dated March 12, 2024 ) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific
conditions, terms, agreements, consultant or industry proposal, or contract terms attached
to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from May 11, 2024 through October 31, 2028
the date of signature by the parties notwithstanding. This Agreement may be extended
upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $69,841.11 for the services as described in Exhibit
A and performed in calendar year 2024. For services performed in subsequent calendar years of the term, Consultant may increase the compensation due upon written notice to the City on or before March 1 of each calendar year, provided that such increase may not exceed four percent (4%) of the compensation paid for the prior year.
a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City.
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c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall
have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant
shall provide an itemized listing and such documentation as reasonably required by
the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract.
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b. Suspended Work. If any work performed by the Consultant is suspended in whole
or in part by the City, the Consultant shall be paid for any services set forth on
Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work
of special consultants, as described herein, and for other items when authorized in
writing by the City. d. Claims. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been
paid.
6. Project Manager and Staffing. The Consultant shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant
shall not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance
with this Agreement, no further payment shall be made to the Consultant, and the City may
retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant
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has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract
with subcontractors the requirement that the City be listed as an additional insured on
insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii)
submit to the City a copy of Consultant’s agreement with the subcontractor for purposes
of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work:
Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily Liability injury per occurrence
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$2,000,000 general aggregate $2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000
d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract).
There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors.
e. Professional Liability Insurance. In addition to the coverages listed above, Consultant
shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two
(2) years following termination of this Agreement.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available.
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
h. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City.
j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory.
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k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional
Liability policy shall insure the defense and indemnity obligations assumed by
Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of
Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required
policies. City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any
policy provided for under this paragraph.
q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless
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of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the
negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred
or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless
from and against any loss for injuries or damages arising out of the negligent acts of the
City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with
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the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties. Cost of
mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having
jurisdiction thereof.
GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with
the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any
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previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
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a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period
of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept
confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the
functions of the City during performance of this Agreement is subject to the requirements
of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE __________________________ ___ _____
Mayor
______________________________ _____ City Manager
WATERFRONT RESTORATION, LLC
By: Its:
Proposal
Prepared for:
The city of
Eden Prairie
March 12th, 2024
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Executive Summary
Waterfront Restoration appreciates the opportunity to submit this best value for watercraft inspection and boater education
services to aid the city of Eden Prairie again in 2024 in preventing the spread of aquatic invasive species.
This proposal presents our overall approach and solution to ensure we achieve and exceed your expectations.
The hourly rate proposed for inspections is $29.21 per hour. Please see page 7 for more detail.
Quality of inspectors:
Waterfront Restoration is committed to ensuring we have the right people working at your lakes and that they are correctly
trained/managed. Thus, we compensate them with high hourly wages. Doing so helps us, on your behalf, to staff your lakes
with reliable, presentable, and professional inspectors that create a positive experience for your boaters while also protecting
your lakes.
There are five- core issues if you don't pay inspectors enough: 1.) You don't get enough inspectors in time for the start of the
season (Fishing Opener)- you are still busy trying to find people to work for cheap. 2.) The people you find to work for cheap
are, in most cases, younger- high school- early college, less personable, friendly, and educational with boaters. 3.) You take
whoever comes in/applies- you don't have enough applicants to self-select out or reject based on their lack of customer
service/ professionalism/past job experience etc. Thus 4.) You get a lot of mid-season turnover-reliability issues. These
inspectors will jump ship before the end of the season, leaving launches unstaffed, and won't show up to shifts at times
because, again, they were not screened properly. 5.) Your inspectors from the season prior won't return- if you can't keep their
pay up with inflation and match their performance, then you have no one coming back year after year and are back to square
one.
In conclusion, you are paying for results - for the highest quality inspectors that will intercept the most boats with potential AIS on them-
you aren't paying for just an hourly rate- you don't want the cheapest option or just a warm body at the launches. When you hire us, it is our
job to ensure you have a successful AIS prevention program that provides you with peace of mind knowing that your lakes are protected. In
addition, our high-quality program helps prevent the spread of AIS, keeps your city out of the news for the wrong reasons, better educates
your boaters, and represents your city in a first–class positive image to the public.
About Waterfront Restoration
Waterfront Restoration specializes in providing high-quality, fully managed Level 1 and Level 2 watercraft inspections and
boater education services to cities, counties, associations, and watershed districts throughout the state of Minnesota since
2015. We have 3 branches: Twin Cities, Brainerd, and Detroit Lakes.
We have developed a four-point formula that provides expertise in recruiting, training, reporting, and management of seasonal
staff for aquatic invasive species prevention and control programs. This expertise allows us to recruit and retain watercraft
inspectors who share our passion for lake preservation and professionally represent your city.
Our staff works closely with the Minnesota DNR, cities, counties, and lake associations in Minnesota to keep our knowledge
current on aquatic invasive species issues and best practices for watercraft inspections.
Clients that have chosen us to protect their lakes see our value beyond a monetary exchange. They see us as their partner in
lake protection. Waterfront Restoration is devoted to keeping your lakes clean and preventing the spread of AIS. We do that
through hiring the right people, providing them with the skills necessary to keep boaters informed and watercrafts thoroughly
inspected, and managing them to ensure your expectations are met. In an industry riddled with unstable small businesses that
have one or two full-time staff trying to manage everything, Waterfront Restoration is a professional service company with an
expert management team that consistently delivers high-quality results for our clients.
Our difference from other inspection companies:
Here is an information page on the additional value that Waterfront Restoration provides over other inspection companies:
https://bit.ly/Inspectiondifferentiators
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We provide inspection and education services to the following clients. I am happy to provide you with contact info if you would
like to reach out to any/all of them for a reference.
• Dakota County
• Goodhue County
• Meeker County
• Scott County
• Hennepin County
• Ramsey County
• Christmas Lake Association
• Prior Lake Spring Lake Watershed District
• City of Eden Prairie- Carver County
• Minneapolis Park and Recreation Board (MPRB)
Scope of Work
• INSPECTORS:
Standard included items: DNR Trained Level 1 and Level 2 inspectors to inspect and educate boaters- education is
the #1 defense in AIS spread. Inspectors that are knowledgeable of the area and passionate about preservation of
the city lakes. All standard equipment and inspectors uniforms. DNR surveys on cell phone. Inspectors are a
minimum of 17 years old. Highest standards and highest wages provided to inspectors=high retention. Ability to
recruit/retain previous year’s inspectors even if a different contractor employed them previously.
Our service also includes these five added benefits to ensure you have the best inspectors:
1. Rigorous candidate screening and evaluation process. It is designed to identify the traits of high-performing
inspectors. We refer to it as our “above and beyond” approach as it ensures our inspectors are carefully interviewed
and selected based on suitability for the role. The impact of this hiring approach is highlighted in an unsolicited
comment we received from a county client:
“When interacting with inspectors from Waterfront Restoration, they were far more thorough and friendly than
some I've seen in other areas of the state. Some others I've encountered were not friendly at all and really
seemed like that was the last thing they wanted to be doing.”
2. A weighted interview scoring system to rate the candidates based upon twenty different aspects that we feel
are critical to success in the role. Some of the scored qualification aspects include knowledge of AIS, customer
service experience, de-escalation communication experience, attention to detail, and previous inspector
experience. If a candidate does not achieve the target score, that person is not hired.
3. Customer service test. Inspector candidates must pass our customer service test to ensure they have the
relationship, speaking, and rapport skills necessary to interact with your boating community. Thus, as your
boaters interact with our inspectors, they have a positive experience throughout the inspection process.
4. Video interviews for every candidate. While some providers only conduct phone interviews, we conduct video
interviews with every candidate. Video interviews help to select those who represent themselves
professionally, and thus, will represent your city professionally. It also shows that they have the basic technical
skills needed to complete app based DNR surveys and mobile time clocking in during the Summer.
5. Additional data files uploaded to each inspector’s cellphone. Inspectors use cellphones on which DNR
software is loaded (or city owned tablets). Also loaded on each device is AIS inspection procedures, the types
of watercrafts that may be encountered at the boat landing, the AIS inspection manual from the Minnesota
DNR, a copy of the Aquatic Nuisance Species (ANS) guide, a contact list for the contractor and city staff that
includes phone numbers for the correct personnel at our office, conservation officers, local sheriff’s
department, and city staff. During onboarding, inspectors are trained how to use the devices and the software.
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• MANAGEMENT:
Standard included items: Management of advertising, interviewing, and hiring the most reliable and professional
inspectors. The best training program and support structure. Schedule flexibility based on your preferences of
when you want inspectors and where. Online scheduling view for city interaction and GPS attendance tracking of
inspectors. Weekly Spot checks and quality checks. A dedicated roaming inspector coach and area manager.
Assistance for AIS violations. Ongoing training all Summer. Updates on lake infestations. Any new inspectors
at the beginning of the season we spend extra time with them. We build relationships with area associations. We
build off knowledge of the city. Standard reporting provided- at frequency desired by city. All violations will be
reported to the AIS Coordinator within 24 hours and include photos, boat registration numbers, and license plate
numbers.
Our management service also includes these 5 additional benefits to ensure you have the best inspection program:
1. Supplemental training class. After completing the standard DNR training and before deployment in the field, inspectors
are guided through our supplemental training seminar. They participate in a comprehensive program in our online
training platform. Each module ends with the required completion of a quiz. This helps to ensure mastery of the
content. Examples of the modules and instructional videos include: Our safety process for handling adverse conditions
with boaters, boater communication best practices, customer service and Verbal de-escalation skills, lake/location
specific expectations, known infestations, watercraft compendium-which includes manufacturing insights to help
understand where to better inspect for AIS on specialty watercraft such as wakeboard boats, sailboats, advanced
fishing boats, and lake service providers.
2. We have a dedicated Inspections intern. They are responsible for overseeing both the process and the inspector team
to ensure compliance with regulation and law and consistency in the delivery of our services. Waterfront Restoration
designates and ensures the interns meets regularly with inspectors. The intent of the check/meeting is to ensure
inspectors remain highly engaged and their skills stay fresh thus ensuring the highest quality inspection of every
watercraft. It also helps identify any poor performers right away instead of letting them do a poor quality job all season,
we can replace them right away. During the check or meeting the manager provides the inspector with ongoing
feedback and training. This includes customer service review, refreshers on boat inspection procedures, and coaching
on proper inspection protocol.
3. Six project managers on call at our headquarters. With six managers at our headquarter office (instead of just one or
two), there is ALWAYS an expert available for inspector questions and to respond to any violations found by inspectors
in the event the inspector supervisor or ara manager is busy. Project Managers can be reached by phone, text, and
email seven days a week. This access is not only provided to inspectors but to the city as well. All managers and
supervisor staff are tasked with developing relationships with each of our inspectors as this is a key to retention and
high job performance of the inspectors. Also, employees are surveyed monthly via an anonymous online questionnaire.
The survey asks questions about company culture, overall performance, and recognition by superiors. Surveys can be
accessed via an internal online link.
4. Case Number accuracy review. Our managers are responsible for monitoring inspector surveys weekly for case
number accuracy. They provide inspectors with feedback if there are inaccuracies and then make the corrections to the
database with Adam Doll/DNR if necessary. Case number review ensures the city has accurate inspection data for its
lakes.
5. Advanced scheduling software enables the ability of coverage when a primary inspector is unable to work a shift.
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Launch Management.
Waterfront Restoration will conduct an orientation session at each boat landing prior to conducting inspections at that landing.
The orientation will include identification of staff parking locations, landing locations, cleaning station locations, parking
requirements for visitors, and restrooms. During inspection shifts, inspectors will post a sign inside their personal vehicle when
parked at the landing (Monday - Friday only) to identify them as approved City inspectors.
Contact information for the contractor and the project manager:
Contractor
Derek Lee
derek@waterfrontrestoration.com
612-424-8543
Project Manager
Ben Brandt
ben@waterfrontrestoration.com
612-254-7253
Plan for informing the City about potential infestations and developments in the field:
Any new infestations would follow DNR protocol and include the inspector reporting immediately to the Waterfront Restoration
project manager, who will then report to the City of Eden Prairie and the DNR as appropriate.
Inspectors will report field developments to their supervisor and if further action or follow-up is needed to communicate with the
City of Eden Prairie official.
Maintenance plan for all tools, equipment and digital devices that will be distributed for collecting inspection results
and uploading data to the DNR database:
Waterfront Restoration audits device functionality frequently and inspectors are trained to report device, equipment, and tool
issues to supervisors for repair or replacement. We verify functionality of devices uploading to the DNR database on a weekly
basis, or as frequent as the DNR updates the data file.
• PAYROLL:
Standard included items: Waterfront Restoration is an independent contractor and takes full responsibility for
managing and paying of its inspectors. Anyone employed by our company is a W-2 employee. We collect
required W4s and provide W2s. Inspectors are paid hourly and receive payment biweekly with proper withholdings
of FICA, FUTA, state unemployment, workers compensation, and state and federal withholding, as required by law.
We maintain our own liability insurance and workers compensation. We pay higher hourly wages, as mentioned
previously, in order to staff your lakes with the best and most reliable, presentable, and professional inspectors that
create a positive experience for your boaters while also protecting your lakes.
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Schedule
• Total number of hours for the season: 2,391 hours were referenced for this bid write-up and pricing outlined on the next
page.
• 5-7 Inspectors (approximately 65%- 85% estimated to be returning inspectors) covering 3 lakes were referenced for
this proposal.
• The following table was used when developing your inspector schedule. This is an example proposed schedule. A final
schedule will be implemented with the city coordinator prior to April 30th.
• Actual schedule to be determined with input from the city.
• Waterfront Restoration will manage the schedule with input from the city, as appropriate.
• During the implementation of the contract, a shift schedule framework is developed in conjunction with city input. The
weekly inspector schedule is available at least one week in advance throughout the season. Scheduling is arranged to
align with the city’s requirements and to ensure excess hours are not scheduled without the city’s approval. As well as,
if the city desires, shifting inspectors from a launch that has not been as busy- due to flooding, vegetation, or other lake
specific details, and re-allocating them to a different launch.
• There are some cases where some shifts or portions of shifts will not be covered due to unexpected illness/absence, or
inclement weather. These shifts will be reallocated to different days/shifts throughout the season so that total season
coverage hours meet the City’s preferred season total hours. This may require a minority of shifts move to weekdays or
extend beyond the anticipated end date.
• Waterfront Restoration uses advanced calendar software to manage scheduling to ensure coverage requests are met.
• The inspector recruiting process begins upon notice of award of the contract. It takes approximately six weeks from
contract award to full inspector staffing at your lakes. For example, if the desired start date is May 11, the contract
award notification is needed by April 6th. Inspection start dates are also dependent on DNR training session
availability as their schedules and class capacities are limited.
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Investment
We provide the best value to protect your lakes.
$29.21 per hour for level 1 inspectors A few important aspects about our pricing: 1) You are only billed when inspectors are
“clocked-in” at the launch site. 2) All overhead costs such as recruiting, company training, DNR training, holiday pay, ongoing
management, protocol compliance, technology, software, and reporting are included in the hourly rate. 3) Our pricing is fully
transparent. The invoices we provide are simply the multiplication of the hours inspectors worked at the launch multiplied by
the hourly rate.
Minimum of 2,300 inspection hours required for the rate outlined.
The city will be invoiced monthly, in advance, based upon the expected number of hours to be worked in the next succeeding
month (for each month its “Expected Hours”). In the event the actual number of hours worked during any month exceeds the
Expected Hours, Waterfront will invoice the city for the additional hours. In the event the actual number of hours worked is less
than the Expected Hours, Waterfront will issue to the city a credit note for the excess hours.
Also included in the rate above are these 4 items. If you are looking for savings on the hourly rate, please let me know and I
can remove these out of the hourly rate calculation and add them as a la carte options instead.
1. We provide a highly detailed end of year report like this: http://bit.ly/EOYReportExample . If you prefer Instead a basic
2–4-page end of season report summarizing total hours worked etc. we can do that.
2. We provide a highly detailed monthly report like this: http://bit.ly/MonthlyReport-Example . If you prefer instead a
standard monthly hours report, we can do that.
3. Uniforms/equipment- ie vests, name tags, safety equipment
4. Background checks- Prior to hire, every inspector undergoes a criminal background check to identify felony convictions
and sexual offender convictions. Candidates with those convictions are not hired.
Multi-Year Proposal
If you are open to continuing to operate the highest quality inspection program, we would be open to setting rate
caps for the next 5 years, as we have done with other counties such as Scott County and Ramsey County.
There are several reasons why a multi-year pricing agreement is beneficial to you including:
1. Consistency of quality control for your lake inspections.
2. Allowing your City to have a strategic relationship with us which leads to the development of a strong protection
process for your lakes.
3. Saves administrative time, burden, effort, and resources annually in go through the board approval process.
4. Recruiting and retaining high-quality inspectors who commit to work for us (and you) for multiple years which
improves the quality of the inspection process.
We would propose: A cap on the percentage of increase for future terms, with a contract begin date of May 01,
2024 and contract end date: October 31, 2028; of which rate increases for the contract shall not exceed 4% each
term.
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Al A Carte Options
ITEM/DESCRIPTION PRICING
Tablets for all inspectors instead of phones. $85 per inspector
Inspectors complete the MNDNR search for AIS at the Water Access once per day per this
guidance https://files.dnr.state.mn.us/natural_resources/invasives/prevention/search-ais-
water-access.pdf
Contact for specific pricing
2-4 hour safety training session with County Sheriff’s Department. Contact for specific pricing
Additional data collection beyond the DNR process- such as specific weed species
identified on boats prior to launching- i.e. instead of the standard DNR reporting of “plants
removable by hand” Waterfront could document it was Eurasian Milfoil or Curly Leaf
Pondweed or Starry Stonewort etc.
Contact for specific pricing
Step by Step checklist- How to implement a program with Waterfront Restoration
Task # Status Dates Task description
1 Mid-February Waterfront Restoration and AIS coordinator have a phone conversation to discuss the
current status of your program and the goals for the coming season.
2 Mid-March Waterfront Restoration sends the AIS coordinator a proposal via email for hours, launches
and details of our company for you to review.
3 Mid-March Once you review proposal, you can email or call Waterfront Restoration to revise any of the
details of the proposal.
4 Early April
Once the board approves the proposal, then the AIS coordinator sends Waterfront
Restoration a signed contract (or alternatively Waterfront Restoration can send AIS
coordinator a contract template for you to review.)
5 Mid- April Waterfront reviews contract and signs and sends back to the AIS coordinator.
6 Mid- April
The AIS coordinator completes and signs the DNR delegation agreement and program plan
(links below) and sends those via mail and email to the DNR along with the executed
contract:
Delegation agreement link click here
Inspection Program Plan link click here
Now, relax, Waterfront Restoration takes over the details. You are still involved as much as you want in the
Watercraft inspection process, but you now have freed up a lot more of your Summer to concentrate on other AIS
plan activities that may be important or urgent. You don’t have to worry about recruiting, training,
managing/answering inspector questions, scheduling, protocol compliance, technology, reporting, or spot
checking, we handle all the details for you!
7 Late April The DNR sends back an executed delegation agreement letter.
8 Late-April As we hire inspectors, we will email you to notify you and have the DNR train each inspector.
9 Early May Once all inspectors have been trained, we will notify you and you will just need to forward
our email to the DNR, which notes inspector names and which training dates they were at.
10 Early May The DNR will then send back an email with an attached executed inspection authorization
letter.
11 May-September
We send you a weekly and monthly report of hours worked by lake and by access broken
down per day as well as observations from inspectors that month, so you know exactly what
is going on in the City on a weekly and monthly basis. At the end of the Summer, we send
you an annual report.
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Appendix
Insurance
Please reference this link https://bit.ly/WaterfrontRestoration-Certificate-of-insurance to review our insurance
specifications/certificate.
References
Please contact me for a full detailed list of references from clients who have used and/or are using our watercraft
inspection services.
Memorandum
To: Interested Bidders
From: Lori Haak, Water Resources Coordinator
Date: February 26, 2024
Re: Watercraft Inspector Program – Request for Proposals (RFP)
The City of Eden Prairie (City) is requesting a Proposal for providing watercraft inspection services to inspect incoming and outgoing watercraft, trailers, and other water-oriented equipment at selected public accesses for aquatic invasive species (AIS). The quote must be itemized and include a “not to exceed” amount for completing the work items. No additional work beyond the scope outlined in this RFP will be
reimbursed without prior written authorization by the City. Proposals must be submitted no later than 12:00 pm (noon) on March 15, 2024 for consideration at the City Council meeting on April 2, 2024. Below are the minimum requirements that must be included in your proposal. Any suggestions for additional services must be included as alternates. If interested, one possible alternate would be a proposal
for a second year of service for the 2025 inspection season.
1.0 PROGRAM LAKES / SCHEDULE
Employees will be required for boat landings at Mitchell, Red Rock and Riley Lakes. The proposed schedule is to begin inspections on May 11, 2024 and continue through November 1, 2024. The following
can be used as a guideline to determine hours for the proposal:
• Riley Lake (high priority) o Friday, Saturday and Sunday from 6 am to 8pm. Two employees are required between 10 am and 6 pm; o Monday through Thursday, one employee from 6 am to 7 pm. Hours can overlap mid-day if needed; and
o Before Memorial Day weekend and after Labor Day weekend, one employee from 6 am to 7 pm on Saturday and Sunday only.
• Red Rock and Mitchell Lakes (low priority) o Two shifts per week at each lake for a total of 8 hours per week per lake.
o Two lakes can be combined on one day to provide one 8-hour shift.
o The days spent at each lake should vary from week to week to prevent establishing a pattern.
2.0 PROPOSAL REQUIREMENTS
The following information must be included in the proposal submitted to the City.
• Number of employees that you plan to hire for the contract period based on the schedule above. The contractor must conduct background checks prior to approving an employee to interact with
the public.
• Scheduling software that will be used.
• Describe process for covering unexpected absences. In addition, provide a copy of your policy and proposed schedule for breaks during shifts where the landing may not be staffed.
• Contact information for the contractor and the project manager that would be assigned to Eden Prairie. Contact information, including email addresses and phone numbers, is required.
• Link to your Employee Handbook.
• Plan and outline for monthly "Staff Meetings" with each employee. The Staff Meetings must
include, at a minimum, discussion of:
o Types of situations or incidents that were encountered at the boat landings.
Request for Proposal - AIS Inspections February 26, 2024
o Refreshers on boat inspection procedures.
o Conflict resolution guidelines.
o Reporting procedures for incidents and AIS observations.
• Plan for informing the City about potential infestations and developments in the field.
• Maintenance plan for all tools, equipment and digital devices that will be distributed for collecting inspection results and uploading data to the DNR database.
• Method that will be used to ensure that all inspection data has been uploaded to the DNR database by the end of each week and that employees are filling out each survey completely and accurately.
This must include information on how errors will be identified and corrected in the inspection
data collected.
• A Year-End Report is required and must include, at a minimum, summaries regarding:
o Number of inspections by weekday, week and month,
o Types of watercraft inspected (number and percentage),
o Number of watercraft inspected that were from out-of-state,
o Summary and percentage of inspections by lake,
o Length of time watercraft left out of water prior to entering the lake,
o Findings during entering the lake (number and percentage),
o Findings exiting the lake (number and percentage),
o Number of violations by lake (entering and exiting), o Number of violations by watercraft type (number), and o Data trends since 2018, using historic data from the DNR.
• Payment requirements, including any required up-front deposits. You must review the Standard Agreement as referenced in Section 11.0 of this RFP to ensure your proposed payment schedule
meets city requirements.
• References from a minimum of four local city, county, or watershed organizations.
3.0 TRAINING REQUIREMENTS
The following must be provided as part of the training for all employees who conduct AIS inspections in Eden Prairie.
• Level 1 training through the DNR.
• Level 2 training through the DNR for a minimum of one employee. The experience gained from
this training must be relayed to all Level 1 staff.
• Basic safety procedures that includes how to respond to adverse weather conditions, emergencies, potentially hostile situations; and what to do if the employee(s) does not feel safe. At a minimum of one personal or company vehicle should be available during work hours to provide a safe retreat.
• Information on types of watercraft that may be encountered at a boat landing. A copy of the AIS Inspection Manual from the Minnesota DNR must be provided to each employee for reference
during inspections.
• Orientation session at each boat landing prior to conducting inspections at that landing. The orientation should include identification of staff parking locations, landing locations, cleaning station locations, parking requirements for visitors, restrooms. Parking at the boat landing on weekends is limited. The City would provide one orientation session for the project manager or
project lead.
4.0 WORK REQUIREMENTS
• Inspect incoming and outgoing watercraft, trailers, docks and other vehicles or equipment using the boat landing for AIS, aquatic vegetation and potential sources of AIS.
Request for Proposal - AIS Inspections February 26, 2024
• Enter inspection data into the online forms developed by the DNR for each inspection event.
• Upload inspection data daily, at the end of the employee's shift, to the DNR database on a digital device owned and maintained by the Vendor.
• Provide information on courtesy and/or required decontamination locations and procedures.
• Communicate the issues of AIS with the public and lake users during inspections.
• Distribute AIS educational materials as needed. The City or local Watershed District will provide copies of educational materials as they become available.
• Follow DNR watercraft inspection policies, responsibilities, and procedures.
5.0 ADDITIONAL WORK REQUIREMENTS FOR LAKE RILEY
Following are requirements specific to Lake Riley:
• Provide assistance in routing traffic and managing parking for incoming boaters.
• Keep the boat landing area clean, including regularly raking or sweeping vegetation off the boat
landing. The City will provide information on how to access the shed for cleaning equipment.
• Post a sign inside personal vehicles when parked at the landing (Monday - Friday only) to identify them as approved City inspectors. The City will provide information regarding where vehicles may or may not park after the contract is approved.
6.0 MINIMUM HIRING REQUIREMENTS FOR STAFF
Hiring requirements must be provided in the proposal. At a minimum, the following must be included:
• A minimum of 17 years of age. Possession of a high school degree or GED is preferred.
• Able to work a flexible working schedule, including early mornings, late evenings, and weekends.
• Capable of bending for vehicle and equipment inspections.
• Capable of lifting moderate weight of up to 20 lbs.
• Able to work with and communicate comfortably with the public.
• Able to work independently on assigned tasks yet work as a team.
7.0 EQUIPMENT
List equipment, tools, training materials, and digital devices that will be provided to your employees to conduct inspections, ensure safe working conditions, and upload data into the Department of
Natural Resources (DNR) AIS inspection database. At a minimum, the following are required:
• Cellular phone for emergencies or to contact law enforcement if needed.
• Uniforms that identify the employee as a Watercraft Inspector. A safety vest and/or shirt are acceptable. The Consultant logo can be worn.
• Tablet, smartphone, or computer, such as an iPad, capable of running and uploading the DNR survey. Please indicate if personal devices will be allowed or if devices will be provided.
• Flashlights for inspections.
• A sunshade or tent to protect employees from the elements at Lake Riley.
• Sunscreen and insect repellent.
Please list any additional equipment you propose on utilizing. A small, locked shed that can be used for storage is available at Lake Riley.
8.0 HOURS / SCHEDULING
Once the contract is signed, City staff will work with the Contractor to develop a final schedule to meet
budget requirements and staff availability. Please submit a proposed schedule by April 30, 2024 to allow time to set up a final summer schedule.
Request for Proposal - AIS Inspections February 26, 2024
9.0 REQUEST FOR PAYMENT REQUIREMENTS
A written summary (or memorandum) must be included with each invoice that documents:
◊ Training or Staff Meetings provided to your staff (including names and dates);
◊ Findings, equipment needs or suggestions;
◊ Number of hours spent on inspections by each employee;
◊ Number of aquatic invasive species (AIS) identified (including which lake and date);
◊ Number of incidents observed and/or recorded during the inspections;
◊ Number of calls to the supervisor, DNR or 911;
◊ Number of boaters referred to a decontamination site for decontamination; and
◊ Whether any inspection data and/or tablet(s) were lost, damaged, stolen, or otherwise made unrecoverable.
Each written summary must include a statement that you have verified that ALL data on each tablet was
uploaded to the DNR database.
Prior to final payment, the final report identified in Section 2.0 of this RFP must be submitted and approved by the City.
10.0 ACCEPTANCE OF PROPOSAL CONTENTS
The contents of this RFP and any attached proposal will become contractual obligations if a contract
ensues. Failure of the Contractor to meet these obligations may result in cancellation of the award. All information in the quote is subject to disclosure under the provisions of Minnesota Statutes Chapter 13 – Minnesota Government Data Practices Act.
11.0 TERMS AND CONDITIONS
The contents of the RFP and the attached Eden Prairie Standard Agreement for Professional Services are the Terms and Conditions that will apply to this project. No revisions to the Standard Agreement will be allowed.
12.0 QUESTIONS / CITY CONTACT INFORMATION
Please contact Lori Haak at 952-949-8327 or lhaak@edenprairie.org if you have any questions regarding
this RFP.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 2, 2024
DEPARTMENT/DIVISION:
Lori Haak
Engineering Division / Water Resources
ITEM DESCRIPTION: IC# 5901-15
Approve Professional Services Agreement with Blue Water Science for the 2024 Lake Monitoring Program
ITEM NO.:
VIII.F.
Requested Action
Move to: Approve Professional Services Agreement with Blue Water Science for the 2024 Lake Monitoring Program for $47,300.00. Synopsis
The City coordinates an ongoing lake monitoring program to guide lake management decisions. Water quality monitoring provides data on water quality trends, especially related to impaired waters criteria. Vegetation surveys provide additional indications of lake health. Monitoring results are also used to assess lake treatment options such as harvesting and the use of alum to improve water quality. Blue Water Science was the low cost proposal for these monitoring services at
$47,300.00. The costs of annual lake monitoring are paid out of the stormwater utility. Background Information The budget for the lake monitoring program was established in the City’s Local Water
Management Plan. City staff coordinates with the Nine Mile Creek (NMCWD) and Riley-Purgatory-Bluff Creek (RPBCWD) Watershed Districts regarding proposed monitoring for the upcoming year. A request for proposal was sent to Blue Water Science, EOR, and Freshwater Scientific Services. Proposals were received from Blue Water Science and EOR. Blue Water Science was the low cost proposal at $47,300.00.
The following actions are included for sampling:
• Water quality sampling for Mitchell, Red Rock, Birch Island, Round, and Smetana Lakes. The City and watershed districts will use the water quality monitoring results to inform future
decisions regarding lake management.
• Vegetation sampling for Mitchell, Red Rock, Birch Island, Round, and Smetana Lakes to provide information regarding the extent and types of native and invasive species within the lake. On Mitchell and Red Rock Lakes, the information gathered will also be used to inform
late summer aquatic plant harvesting.
Costs will be paid from the storm water utility fund. Attachments
• Agreement for Professional Services with Proposal
• 2024 RFP
2024 03 08
Version 2024 03 08
Agreement for Professional Services
This Agreement (“Agreement”) is made on the _ th_ day of _ _, 20_ _, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _ Steve McComas dba Blue Water Science_ (“Consultant”), a Minnesota __sole proprietorship_ (hereinafter “Consultant”) whose business address is _550
South Snelling Avenue, St. Paul, MN 55116_.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for__annual lake monitoring__ hereinafter referred to as the “Work”.
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A ( proposal dated March 21,2024 ) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific
conditions, terms, agreements, consultant or industry proposal, or contract terms attached
to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from _April 8, 2024_through March 31,
2025_ the date of signature by the parties notwithstanding. This Agreement may be
extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $ 47,300.00 for the services as described in
Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for
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performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this
Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant
shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on
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Exhibit A performed prior to receipt of written notice from the City of such suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City.
d. Claims. By making the claim for payment, the person making the claim is declaring
that the account, claim, or demand is just and correct and that no part of it has been paid. 6. Project Manager and Staffing. The Consultant shall designate a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss,
or damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant
has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
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For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance meeting
all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City
with a certificate of insurance issued by the subcontractor’s insurance agent indicating
that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work: Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate
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$100,000 fire legal liability each occurrence $5,000 medical expense
Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors.
e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory.
k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by
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Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for
whom the Consultant is legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
o. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall
not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the
terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of
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Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors and
employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the
purposes of the project contemplated by this Agreement (“Project”) does not relieve any
liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of
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mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any
previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
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Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to
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examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were
a government entity. All subcontracts entered into by Consultant in relation to this
Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________ ___ _____ Mayor
______________________________ _____
City Manager
CONSULTANT
By:
Its:
P R O P O S A L
2024 Eden Prairie Lake Sampling Program
To: Lori Haak, Water Resources Coordinator
From: Steve McComas, Blue Water Science
Date: March 21, 2024
Re: 2024 Lake Sampling Program Proposal for Eden Prairie
The sampling program will include the Tasks outlined below. All lake water quality data collected
will be entered into the Minnesota Pollution Control Agency’s water quality database.
SECTION 1 - SCOPE OF WORK
TASK 1-WATER QUALITY SAMPLINGThe following samples will be collected every other week from May (after ice-out) through end of
October for Birch Island, Mitchell, Red Rock, Round, and Smetana lakes. Samples will be collectedfrom the deepest portion of the lake and latitude/longitude or UTM coordinate will be provided.Samples will be collected, except for Secchi disc depth, from the surface to bottom of each lake in one-meter increments. Parameters to be analyzed in the field:
• Secchi disc • Temperature and dissolved oxygen profiles• Conductivity • pH
Collect a single sample as a 1-meter composite. In lakes that are greater than 10 feet in depth, collectadditional samples, at the surface, mid-depth, and bottom for phosphorus analysis (total, ortho, and
total dissolved), chloride, and chlorophyll a.
Parameters to be analyzed by a laboratory: • Total phosphorus (surface, mid-depth, and bottom samples)
• Orthophosphate (surface, mid-depth, and bottom samples)• Total dissolved phosphorus (surface, mid-depth, and bottom samples)• Chloride (surface, mid-depth, and bottom samples)
• Chlorophyll a (surface, mid-depth, and bottom samples)• Ammonium• Nitrate/nitrite• Total Kjeldahl nitrogen
• Total Alkalinity• Total Suspended Solids• Iron
-1-
TASK 2-OPTIONAL VEGETATION SAMPLING - POINT INTERCEPT SURVEY -
BIRCH ISLAND, MITCHELL, RED ROCK, ROUND, AND SMETANA LAKES
Blue Water Science will conduct one early summer point intercept survey to map the aquatic
vegetation within the lake. The Mitchell and Red Rock point intercept surveys will be completed early inthe season in preparation for anticipated harvesting in mid-summer. The PI surveys will use the 4-pointscale (1-4) for vegetation density.
TASK 3 - REPORT AND MEETING REQUIREMENTSOnce the analysis is completed, one final report will be prepared which summarizes the results for thewater quality monitoring and vegetation-sampling program. The report must include:
• Analysis of existing conditions.• Comparison with historical conditions.• Recommendations for future actions.• Copies of all laboratory reports.
• Acknowledgement that all water quality results were entered into the MPCA’s database.
Blue Water Science anticipates two meetings with City staff to discuss the sampling protocol and
results.
The final report should be submitted by March 31, 2025.
-2-
SECTION 2 - TERMS AND CONDITIONS
Quote for 2024: Lake and Pond Water Sampling and Projects
2/Month
May - OctSecchi disc, Temp, Diss oxygen, Conductivity, pH - profiles, TP, OP, TDP, Cl, and Chl - top, mid, bottom, NH3, NO3-NO2, TKN, Alk, TSS, Fe - top only
Costs Total
Costs
Labor ForSampling LabCosts ReportCosts
TASK 1. WATER QUALITY MONITORING
Riley Purgatory Bluff Creek Watershed
Birch Island - top, middle, bottom 12 sampling trips $1,100 12 x $475= $5,700 $700 $7,500
Mitchell - top, middle, bottom 12 sampling trips $1,100 12 x $475= $5,700 $700 $7,500
Red Rock - top, middle, bottom 12 sampling trips $1,100 12 x $475= $5,700 $700 $7,500
Round - top, middle, bottom 12 sampling trips $1,100 12 x $475= $5,700 $700 $7,500
Smetana - 10 ft depth, top and bottom only 12 sampling trips $1,100 12 x $375= $4,500 $600 $6,200
Subtotal $5,500 $27,300 $3,400 $36,200
Total
Costs
TASK 2. OPTIONAL VEGETATION SAMPLING - POINT INTERCEPT SURVEY
Birch Island Early summer point intercept plant survey $2,200
Mitchell Early summer point intercept plant survey $2,200
Red Rock Early summer point intercept plant survey $2,100
Round Early summer point intercept plant survey $1,900
Smetana Early summer point intercept plant survey $2,100
Subtotal $10,500
Total
Costs
TASK 3. REPORT AND MEETING REQUIREMENTS
Report preparation included
Meetings (2 meetings at $300/meeting)$600
Subtotal $600
Summary of Proposed Costs for 2024 for Blue Water Science
Total Proposed Costs Summary
Task 1: Lake Water Quality Monitoring $36,200
Task 2: Vegetation Sampling - Point Intercept Survey $10,500
Task 3: Report Requirements and Meeting $600
Total $47,300
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RFP – 2024 Lake Sampling Program Page 1
City of Eden Prairie
Request for Proposal
To: Interested Bidders
From: Lori Haak, Water Resources Coordinator
Date: March 5, 2024
Re: 2024 Lake Sampling Program
Request for Proposal (RFP)
The City of Eden Prairie is requesting proposals to provide water quality and vegetation
sampling services. The proposal must be itemized by Task and by lake for each Task and include
a “not to exceed” amount for each component. Proposals are due by 12:00 p.m. (noon) on
Friday, March 22, 2024. This item is tentatively scheduled for approval and award at the April
2, 2024 City Council meeting.
SECTION 1 - SCOPE OF WORK
TASK 1 – WATER QUALITY SAMPLING
The following is required for water quality sampling and analysis:
• Collect samples every other week from the beginning of May (after ice-out) through the
end of October.
• Collect samples from the deepest portion of the lake.
• Provide the latitude / longitude or UTM coordinate at each monitoring location.
• Enter data collected into the Minnesota Pollution Control Agency’s water quality database.
A. Lakes proposed for water quality sample collection include:
• Birch Island
• Mitchell
• Red Rock
• Round
• Smetana
B. Take measurements, except for Secchi disc depth, from the surface to bottom of each
lake in one-meter increments, for the following:
• Secchi disc
• Temperature
• Dissolved oxygen
• Conductivity
• pH
C. Collect a single sample as a 1-meter composite. In lakes that are greater than 10 feet in
depth, collect additional samples, at the surface, mid-depth, and bottom for phosphorus
analysis (total, ortho and total dissolved), chloride, and chlorophyll a.
Laboratory analysis parameters include:
• Total phosphorus
• Orthophosphate
• Total dissolved phosphorus
• Chlorophyll a
• Ammonium
• Nitrate/nitrite
• Total Kjeldahl nitrogen
• Total Alkalinity
• Total Suspended Solids
• Chloride
• Iron
RFP – 2024 Lake Sampling Program Page 2
City of Eden Prairie
If you feel additional parameters are necessary, please provide a cost estimate for each
additional parameter as an option in the proposal.
TASK 2 – OPTIONAL VEGETATION SAMPLING - POINT INTERCEPT SURVEY
Conduct point-intercept (PI) surveys using standard protocols during early summer to map
aquatic vegetation within Mitchell, Red Rock, Birch Island, Smetana, and/or Round Lakes. The
Mitchell and Red Rock point-intercept surveys would be completed early in the season in
preparation for anticipated harvesting in mid-summer. The PI surveys should use the 4-point
scale (1-4) for vegetation density. PI surveys for Mitchell and Red Rock Lakes must use the
sample point locations provided by the City.
Please add a per-item cost for each lake for the PI surveys. We will select lake(s) depending on
budget constraints and in collaboration with other organizations.
TASK 3 – REPORT AND MEETING REQUIREMENTS
Once the analysis is completed, one final report must be prepared which summarizes the results
for the water quality monitoring and vegetation-sampling program. The report must include:
• Analysis of existing conditions
• Comparison with historical conditions
• Recommendations for future actions
• Copies of all laboratory reports.
• Acknowledgement that all water quality results were entered into the MPCA's database.
Provide enough time in the proposal for two meetings with City staff to discuss the sampling
protocol and results.
The final report is due by March 31, 2025.
SECTION 2– TERMS AND CONDITIONS
The Proposal must include an itemized price and proposed schedule for completion for each
component of each Task. A copy of the Fee Schedule that will be used for the project must also
be included with the proposal. Deletions of specific components or Tasks will be at the
discretion of the City, based on budget available for the project. No work beyond the scope
outlined in this RFP will be approved or reimbursed without prior written authorization from the
City.
If your proposal is accepted, you will be required to submit an Agreement for Professional
Services. Attached is a copy of the Agreement for your information.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 2, 2024
DEPARTMENT/DIVISION:
Patrick Sejkora
Public Works / Engineering
ITEM DESCRIPTION: I.C. 23811
Award Contract for the Rainbow Drive Culvert Replacement Project to Rachel Contracting, LLC
ITEM NO.:
VIII.G.
Requested Action
Move to: Award contract for the Rainbow Drive Culvert Replacement project to Rachel Contracting, LLC in the amount of $424,324.17. Synopsis
5 bids were received on Thursday, March 21, 2024. The bids received are summarized in the attached Letter of Recommendation from SRF Consulting. City staff and SRF Consulting recommend awarding the contract for the project to Rachel Contracting, LLC, in the amount of $424,324.17. A bid alternate for perennial plugs is being rejected.
Background Information The project will replace the culvert under Rainbow Drive just east of the intersection with Eden Prairie Road. The existing corrugated metal culvert that carries Purgatory Creek is deteriorated and at the end of
its functional lifespan. This project will replace the corrugated arch culvert with a reinforced concrete box culvert, which will provide greater longevity and lower maintenance. The project will also correct storm sewer and drainage deficiencies in the vicinity of the culvert. Construction is scheduled to start after June 15th and is to be completed by August 30, 2024.
Project Cost Summary Rachel Contracting, LLC’s low bid is 3% above the engineer’s estimate and within anticipated costs for
this project. This project will utilize the Stormwater Utility Fund. Attachments Contract Agreement
Letter of Recommendation
1/2022
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this 2nd day of April 2024, by and between City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the "CITY", and Rachel Contracting, LLC., a Minnesota corporation, hereinafter referred to as the "CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for: I.C. #23811 Rainbow Drive Culvert Replacement
CONTRACTOR further agrees to do everything required by this Agreement and the Contract
Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached
hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in
the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $424,324.17. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond
f. Contractor's Payment Bond
g. Responsible Contractor Verification Form (2) Special Conditions
(3) Detail Specifications
(4) General Conditions
C-2
(5) Plans
(6) Addenda, Supplemental Agreements and Change Orders
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement shall be executed in one (1) copy.
(signature pages follow)
C-3
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
CITY OF EDEN PRAIRIE
By: _______________________________
Its: Mayor
By: _______________________________ Its: City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of _______________, 20___, by _________________________and _____________________, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation.
_____________________________ Notary Public
CONTRACTOR
______________________________
By: __________________________________ Printed Name: _________________________
Its: _______________________________
Title
www.srfconsulting.com 3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010 Equal Employment Opportunity / Affirmative Action Employer SRF No. 16468.00 March 25, 2024 Patrick Sejkora
Water Resources Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Subject: Recommendation for the Rainbow Drive Culvert Replacement Project No. 23811
Dear Patrick Sejkora:
Sealed bids were received for the above-referenced project on Thursday, March 21, 2024 and accepted
via the online electronic bid service through QuestCDN. A total of five (5) bids were received. All
bids have been reviewed and checked and are tabulated in the enclosed bid abstract. The bid abstract
indicates how the bids compared to the Engineer’s Estimate of $413,457.50 for the Base Bid and $14,115.00 for the Bid Alternative. All bidder’s qualifications for this type of project have been received and reviewed.
The lowest bidder was Rachel Contracting, LLC of St. Michael, Minnesota, with a base bid amount of
$424,324.17 and an alternative bid of $16.00.
After reviewing the bid documents, we recommend awarding the contract to the lowest bidder, Rachel
Contracting, LLC, in the amount of $424,324.17, and that their alternative bid be rejected. Sincerely, SRF CONSULTING GROUP, INC. Samuel Westlund
Water Resources Project Manager SW Attachment: Bid Tabulation H:\Projects\16000\16468\TechData\Construction\02_BidData\23811_RecommendationLetter.docx
RAINBOW DRIVE BOX CULVERT (BRIDGE NO. 27J82) (#8992860)
Owner: Eden Prairie, City of - Engineering
Solicitor: SRF Consulting Group, Inc.
03/21/2024 09:00 AM CDT
Section Title Line Item Item Code Item Description UofM Quantity Unit Price Total Rachel Contracting, LLC Kusske Construction Company New Look Contracting, Inc. Minger Construction Co. Inc. Meyer Contracting Inc.
Base Bid $413,457.50 $424,324.17 $434,480.10 $436,235.00 $442,500.00 $511,951.00
1 2021.501 MOBILIZATION LUMP SUM 1 $20,000.00 $20,000.00
2 2101.502 CLEARING EACH 3 $1,000.00 $3,000.00
3 2101.502 GRUBBING EACH 3 $500.00 $1,500.00
4 2104.503 SAWING BIT PAVEMENT (FULL DEPTH)LIN FT 60 $3.00 $180.00
5 2104.503 REMOVE PIPE CULVERTS LIN FT 150 $30.00 $4,500.00
6 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD 460 $15.00 $6,900.00
7 2106.507 EXCAVATION - COMMON (P)CU YD 133 $40.00 $5,320.00
8 2106.507 EXCAVATION - SUBGRADE (P)CU YD 254 $12.00 $3,048.00
9 2106.507 SELECT GRANULAR EMBANKMENT (CV) (P)CU YD 694 $16.00 $11,104.00
10 2106.507 COMMON EMBANKMENT (CV)CU YD 63 $50.00 $3,150.00
11 2108.504 GEOTEXTILE FABRIC TYPE 4 SQ YD 461 $2.00 $922.00
12 2123.61 STREET SWEEPER (WITH PICKUP BROOM)HOUR 10 $300.00 $3,000.00
13 2130.523 WATER M GALLON 2 $50.00 $100.00
14 2211.507 AGGREGATE BASE (CV) CLASS 5 CU YD 120 $60.00 $7,200.00
15 2360.509 TYPE SP 9.5 WEARING COURSE MIX (2,C)TON 50 $200.00 $10,000.00
16 2360.509 TYPE SP 12.5 NON WEAR COURSE MIX (2,C) TON 60 $175.00 $10,500.00
17 2401.601 STRUCTURE EXCAVATION LUMP SUM 1 $10,000.00 $10,000.00
18 2412.502 14X5 PRECAST CONCRETE BOX CULV END SECT EACH 2 $23,500.00 $47,000.00
19 2412.503 14X5 PRECAST CONCRETE BOX CULVERT LIN FT 80 $2,100.00 $168,000.00
20 2451.507 COARSE FILTER AGGREGATE (CV) (P)CU YD 108 $70.00 $7,560.00
21 2501.502 18" RC PIPE APRON EACH 1 $1,450.00 $1,450.00
22 2503.503 15" RC PIPE SEWER CLASS V LIN FT 44 $90.00 $3,960.00
23 2503.503 18" RC PIPE SEWER LIN FT 26 $90.00 $2,340.00
24 2504.602 WATERMAIN OFFSET EACH 1 $15,000.00 $15,000.00
25 2504.604 4" POLYSTYRENE INSULATION SQ YD 22 $50.00 $1,100.00
26 2506.602 CONST DRAINAGE STRUCTURE DESIGN SPECIAL 1 EACH 3 $4,100.00 $12,300.00
27 2506.602 CONST DRAINAGE STRUCTURE DESIGN SPECIAL 2 EACH 1 $13,100.00 $13,100.00
28 2511.507 RANDOM RIPRAP CLASS III (P)CU YD 39 $105.00 $4,095.00
29 2511.607 RANDOM RIPRAP SPECIAL CU YD 24 $120.00 $2,880.00
30 2531.503 CONCRETE CURB & GUTTER DESIGN B618 LIN FT 24 $7.00 $168.00
31 2531.603 CONCRETE CURB & GUTTER - MOUNTABLE LIN FT 276 $7.00 $1,932.00
32 2554.502 GUIDE POST TYPE B EACH 1 $100.00 $100.00
33 2563.601 TRAFFIC CONTROL LUMP SUM 1 $10,000.00 $10,000.00
34 2573.501 EROSION CONTROL SUPERVISOR LUMP SUM 1 $5,000.00 $5,000.00
35 2573.502 STORM DRAIN INLET PROTECTION EACH 4 $200.00 $800.00
36 2573.503 SILT FENCE, TYPE HI LIN FT 173 $4.50 $778.50
37 2573.503 SILT FENCE, TYPE MS LIN FT 178 $5.00 $890.00
38 2573.503 FLOTATION SILT CURTAIN TYPE MOVING WATER LIN FT 43 $26.00 $1,118.00
39 2573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER LIN FT 69 $4.00 $276.00
40 2573.601 TEMPORARY STREAM DIVERSION SYSTEM LUMP SUM 1 $10,000.00 $10,000.00
41 2574.505 SUBSOILING ACRE 1 $500.00 $500.00
42 2574.505 SOIL BED PREPARATION ACRE 1 $250.00 $250.00
43 2574.508 FERTILIZER TYPE 3 POUND 14 $1.00 $14.00
44 2574.508 FERTILIZER TYPE 4 POUND 13 $1.00 $13.00
45 2575.504 ROLLED EROSION PREVENTION CATEGORY 20 SQ YD 652 $2.00 $1,304.00
46 2575.505 SEEDING ACRE 1 $350.00 $350.00
47 2575.505 WEED SPRAYING ACRE 1 $400.00 $400.00
48 2575.506 WEED SPRAY MIXTURE GALLON 1 $200.00 $200.00
49 2575.508 SEED MIXTURE 25-151 POUND4 $5.00 $20.00
50 2575.508 SEED MIXTURE 33-261 POUND1 $30.00 $30.00
51 2575.508 SEED MIXTURE 35-221 POUND1 $30.00 $30.00
52 2575.608 SEED MIXTURE SPECIAL POUND 15 $5.00 $75.00
Alternate $14,115.00
53 2571.502 PERENNIAL PLUGS EACH 5 $2,823.00 $14,115.00
Base Bid Total:$413,457.50
Engineer Estimate
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
April 2, 2024
DEPARTMENT / DIVISION
Public Works/Engineering
Megan Larson
ITEM DESCRIPTION: I.C. 24821
Approve Professional Services Agreement with SEH for Design and Construction Administration for Mount Curve Watermain Rehabilitation
ITEM NO.
VIII.H.
Requested Action
Move to: Approve Professional Services Agreement with SEH for Design and Construction
Administration for the Mount Curve Watermain Rehabilitation project for $59,799.00. Synopsis
This Professional Services Agreement includes the data collection, plan development, bidding
assistance, and construction administration for the Mount Curve Watermain Rehabilitation project. Background
The section of watermain near the intersection of Mount Curve Road and Olympia Drive has had
multiple breaks requiring emergency repairs. The proposed project is a cured in place pipe (CIPP) rehabilitation for approximately 1,340 feet of watermain. A CIPP repair is a trenchless pipe rehabilitation process that reduces disturbance for adjacent properties in comparison to an open cut pipe replacement. The project will also replace aging hydrants within the project area.
This project is anticipated to be completed this year in advance of pavement management scheduled for 2025 on Mount Curve Road. Financial Implications
The project will be funded with Water Utility Funds. Attachment
Professional Services Agreement
2024 03 07
Version 2024 03 07
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 2nd day of April, 2024, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Short Elliot Hendrickson, Inc. (“Consultant”), a Minnesota Corporation (hereinafter “Consultant”) whose business address is 10650 Red Circle Drive, Suite 500
Minnetonka, MN 55343.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Mount Curve Watermain Rehabilitation_ hereinafter referred to as the “Work”. The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A ( SEH Letter Dated March 25, 2024) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached
to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from April 2, 2024 through November 1, 2024 the date of signature by the parties notwithstanding. This Agreement may be extended
upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 59,799.00 for the services as described in Exhibit
A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for
Mount Curve WM Rehab Page 2 of 10 2024 03 07
performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant
shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on
Mount Curve WM Rehab Page 3 of 10 2024 03 07
Exhibit A performed prior to receipt of written notice from the City of such suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City.
d. Claims for Payment. By making a claim for payment on this Agreement,
Consultant is declaring that the account, claim, or demand is just and correct and no part of it has been paid. 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consistent
with this standard of care, Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant
has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
Mount Curve WM Rehab Page 4 of 10 2024 03 07
For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting
all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating
that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee
Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate
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$2,000,000 Products – Completed Operations Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.) Umbrella or Excess Liability $1,000,000
d. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000 per
claim and annual aggregate. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available.
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City.
j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory.
Mount Curve WM Rehab Page 6 of 10 2024 03 07
k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional
Liability policy shall insure the defense and indemnity obligations assumed by
Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph.
q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless
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of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the
negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred
or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the
City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be provided to the other
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party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by
agreement of the parties. Cost of mediation shall be shared equally between the
parties.Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in
any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement, neither party shall be entitled to
recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the
former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter
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hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it via email, or personally to an officer of the party, or if mailed in a sealed wrapper by United States
registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. All services not expressly
required to be provided by Consultant under this Agreement are expressly excluded from this Agreement. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
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29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared
or assembled by the Consultant under this Agreement which the City requests to be kept
confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Consultant in performing any of the
functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language or otherwise incorporate the terms of this Agreement.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE
__________________________ ___ _____ Mayor ______________________________ _____ City Manager
CONSULTANT Short Elliott Hendrickson, Inc.
_______________________________________ By: Its:
Toby Muse, PEPrincipal
Engineers | Architects | Planners | Scientists
Short Elliott Hendrickson Inc., 10650 Red Circle Drive, Suite 500, Minnetonka, MN 55343-9229
952.912.2600 | 800.734.6757 | 888.908.8166 fax | sehinc.com
SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer
EXHIBIT A
March 25, 2024 RE: City of Eden Prairie, Minnesota Mount Curve Watermain Rehabilitation Proposal SEH No. EDENP 177825 14.00 Mr. Carter Schulze, PE City Engineer City of Eden Prairie 8080 Mitchell Rd Eden Prairie, MN 55344 Dear Carter: Thank you for expressing interest in SEH’s professional services for your Mount Curve Watermain Rehabilitation project. Specifically, the project consists of preparing plans, specifications and bid documents, along with construction administration and inspection services for the CIPP lining of watermain in Mount Curve Road and Olympia Drive.
SCOPE
SEH understands that the City is interested in rehabilitating approximately 1,340 lineal feet of existing 6” and 8” watermain in Mount Curve Rd and Olympia Drive. Historically, this area experiences a high number of watermain breaks, and the existing watermain is approaching the end of its useful life. The city would prefer to avoid reconstructing the road due to impacts to the existing homeowners. Trenchless solutions, such as CIPP WM lining is a perfect alternative to dig and replace in this situation. In addition, there are approximately 18 home services that will need to be reinstated once the pipe is lined. The City may choose to add one or two additional isolation valves as part of the project, but temporary water will still need to be utilized. SEH met with City staff on March 5, 2024 to discuss the alternatives and approximate costs for rehabilitating this trunk main. At the conclusion of the meeting, staff directed SEH to submit a proposal for design and construction services for the structural CIPP WM lining project. It should be noted that because there are out of state contractors working in the metro area on other SEH projects, the City may realize a cost savings on mobilization for this project.
Our scope includes preparation of the Bidding Documents, Bidding Assistance, and Construction Administration through completion of the project.
Specific tasks related to each of those items, along with our key assumptions, are outlined in the attached detailed Task Hour Budget, but the primary key tasks include the following:
Bidding Documents
CIPP lining plan sheets will be in GIS or PDF format.
No topographical survey is anticipated.
Mr. Carter Schulze, PE March 25, 2024 Page 2
We are assuming the City can provide existing as-built plans to incorporate into the bid documents to provide prospective bidders profile data they will encounter as part of the project. (i.e., no extraordinary CCTV or predesign pipe investigation is included in the budget).
A project design kickoff meeting to discuss various design elements requiring City staff input such as desired liner thickness, operating system details, testing requirements, etc.
Location of proposed access pits and required watermain removals and improvements at each
location.
Evaluating temporary water needs for any service that may be affected during construction. The
project manual will outline the requirements the contractor will need to follow as they lay out their
temporary water system. Every attempt will be made during design to eliminate or minimize any
temporary water.
It is not anticipated there would need to be any extensive traffic control plan for the project as the
access pits will generally be located in lower volume City streets.
It is assumed the City will obtain any easements from property owners for the access pits.
Project manual and special provisions, including all City front end documents and technical specifications will be developed
Obtaining the MDH permit. Permit fees are a reimbursable expense.
Preparing the Opinion of Probable Cost.
Bidding Assistance
The City will take care of all bidding services using their QuestCDN account. SEH is available to
answer bidder questions.
SEH to review the bid results and offer a recommendation to the City.
Construction Administration
Scheduling and conducting the Preconstruction Meeting.
Providing up to 20 hours per week of project engineer construction oversight. It is assumed that the project will be completed in approximately 8 weeks.
Contract Administration which consists of shop drawing/submittal review, confirmation that the testing results meet the required strength and specifications, coordination of schedule between contractor and City staff, and providing quantities for the City to process pay vouchers.
It is assumed that the City will be providing notification to adjacent residents and businesses during
the project.
Record plans and close out documentation will be provided.
SCHEDULE
The City wants to complete this rehabilitation work during the 2024 construction season. We will work with
the City on a mutually agreeable schedule but initially, we prepared the following production schedule
below to achieve this.
No. Description Date
1 Contract Authorization April 2, 2024
2 Complete Draft Bidding Documents for City Review May 10,2024
3 City Review complete May 24, 2024
4 Final bidding documents/bidding period commences June 12, 2024
5 Bid opening July 2, 2024
6 Bid Award July 16. 2024
Mr. Carter Schulze, PE March 25, 2024 Page 3
No. Description Date
7 Contractor Rehabilitates the Watermain Aug-Sep 2024
8 Final Completion Date October 2024
COMPENSATION
Our proposed hourly not-to-exceed fee reported by our task hour budget for Data Collection, Design,
Bidding Assistance and Construction Phase is as follows:
Data Collection/Design/Bidding $26,597
Construction Services $33,202
Total $59,799
This amount includes our reimbursable expenses and will not be exceeded without prior authorization
from the City. Our fees to prepare Bidding Documents, assist the City with bidding, and provide part-time
construction phase services are normal and customary in the industry for this type of specialized work.
We will invoice the City monthly on an hourly basis for our labor. Our invoices will also include our
expenses. Additional work, if authorized by the City, shall be billed at agreed upon rates.
We look forward to working with you and your staff to apply trenchless pipe rehabilitation tools on the
City’s Mount Curve watermain rehabilitation project. We are prepared to start immediately upon receiving
the notice to proceed. Please contact Dave Hutton with questions and comments at 612.255.8747 or
dhutton@sehinc.com.
Respectfully submitted,
SHORT ELLIOTT HENDRICKSON INC.
Toby Muse PE (Lic. MN) David E. Hutton, PE (Lic. MN, ND, WI) Associate, Client Service Manager Project Manager Enclosure
X:\AE\E\EDENP\177825\1-genl\10-setup-cont\03-proposal\Proposal Letter Mount Curve Watermain Rehab - Rev 032524.docx
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
April 2, 2024
DEPARTMENT / DIVISION
Public Works/Engineering
Megan Larson
ITEM DESCRIPTION: I.C. 24822
Approve Professional Services Agreement with SEH for Design and Construction Administration for Washington Avenue Sanitary Sewer CIPP
ITEM NO.
VIII.I.
Requested Action
Move to: Approve Professional Services Agreement with SEH for Design and Construction
Administration for the Washington Avenue Sanitary Sewer CIPP project for $67,350.00. Synopsis
This Professional Services Agreement includes the data collection, plan development, bidding
assistance, and construction administration for the Washington Avenue Sanitary Sewer CIPP project. Background
The project will repair aging sanitary sewer main on Washington Avenue to prevent future failure and
eliminate infiltration of ground water. The sanitary main is clay pipe and has been televised by the Utilities Department to find sags, cracks, and intruding roots. The proposed project is approximately 6,200 feet of cured in place pipe (CIPP) repair to be constructed in two phases. Phase 1 is anticipated to be completed in 2024 and Phase 2 will be completed in 2025. This project will also include the repair of
two other sanitary sewer sections in town on Windward Circle (290 feet) and Ironwood Court (120 feet)
which have been damaged by tree roots. This agreement for design and construction administration will cover both phases. This project is anticipated to be completed over 2024 and 2025 in advance of pavement management
scheduled for 2026 on Washington Avenue. Financial Implications The project will be funded with the Wastewater Utility Fund and is in the CIP. Attachment Professional Services Agreement
2024 03 07
Version 2024 03 07
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 2nd day of April, 2024, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Short Elliot Hendrickson, Inc. (“Consultant”), a Minnesota Corporation (hereinafter “Consultant”) whose business address is 10650 Red Circle Drive, Suite 500
Minnetonka, MN 55343.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Washington Avenue Sanitary Sewer CIPP hereinafter referred to as the “Work”. The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A ( SEH Letter Dated March 25, 2024) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached
to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from April 2, 2024 through July 1, 2025 the date of signature by the parties notwithstanding. This Agreement may be extended upon
the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $67,350.00 for the services as described in Exhibit
A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for
Washington Ave San Sewer CIPP Page 2 of 10 2024 03 07
performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant
shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on
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Exhibit A performed prior to receipt of written notice from the City of such suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City.
d. Claims for Payment. By making a claim for payment on this Agreement,
Consultant is declaring that the account, claim, or demand is just and correct and no part of it has been paid. 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consistent
with this standard of care, Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant
has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
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For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting
all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating
that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee
Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate
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$2,000,000 Products – Completed Operations Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.) Umbrella or Excess Liability $1,000,000
d. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000 per
claim and annual aggregate. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available.
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City.
j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory.
Washington Ave San Sewer CIPP Page 6 of 10 2024 03 07
k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional
Liability policy shall insure the defense and indemnity obligations assumed by
Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph.
q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless
Washington Ave San Sewer CIPP Page 7 of 10 2024 03 07
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the
negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred
or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the
City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be provided to the other
Washington Ave San Sewer CIPP Page 8 of 10 2024 03 07
party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by
agreement of the parties. Cost of mediation shall be shared equally between the
parties.Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in
any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement, neither party shall be entitled to
recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the
former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter
Washington Ave San Sewer CIPP Page 9 of 10 2024 03 07
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it via email, or personally to an officer of the party, or if mailed in a sealed wrapper by United States
registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. All services not expressly
required to be provided by Consultant under this Agreement are expressly excluded from this Agreement. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
Washington Ave San Sewer CIPP Page 10 of 10 2024 03 07
29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared
or assembled by the Consultant under this Agreement which the City requests to be kept
confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Consultant in performing any of the
functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language or otherwise incorporate the terms of this Agreement.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE
__________________________ ___ _____ Mayor ______________________________ _____ City Manager
CONSULTANT Short Elliott Hendrickson, Inc.
_______________________________________ By: Its:
Toby Muse, PEPrincipal
Engineers | Architects | Planners | Scientists
Short Elliott Hendrickson Inc., 10650 Red Circle Drive, Suite 500, Minnetonka, MN 55343-9229
952.912.2600 | 800.734.6757 | 888.908.8166 fax | sehinc.com
SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer
EXHIBIT A
March 25, 2024 RE: City of Eden Prairie, Minnesota Washington Avenue Sanitary Sewer CIPP Rehabilitation Proposal SEH No. EDENP 177826 14.00 Mr. Carter Schulze, PE City Engineer City of Eden Prairie 8080 Mitchell Rd Eden Prairie, MN 55344 Dear Carter: Thank you for expressing interest in SEH’s professional services for your Washington Avenue Sanitary Sewer CIPP Rehabilitation project. Specifically, the project consists of preparing plans, specifications and bid documents, along with construction administration and inspection services for the CIPP lining of sanitary sewer in Washington Avenue from approximately Hamilton Avenue to 78th Street.
SCOPE
The City of Eden Prairie desires to use trenchless CIPP Lining methods to rehabilitate approximately 6,219 LF of sanitary sewer pipe. The pipe diameter consists of 9-, 10-, 12- and 15-inch pipe, predominantly clay, although there is a short section of DIP. The City is embarking on sewer lining program, with the goal of rehabilitating its aging sanitary sewer ahead of their street reconstruction program. We met with the City staff on March 5 to further gain an understanding of the scope and details of the project. The project is split into 2 phases such that the City can use allocated 2024 and 2025 operating budgets to finance the project. Our suggestion was to design it as one project to obtain the best bid prices and then stipulate an interim completion date of 2024 with the remainder being done in 2025.In talking to lining contractors recently, it appears that the industry capacity for work in 2024 is nearly full. Based on this the City may want to give the contractor the option to do both phases in 2025 if the budget allows it. We can have further discussions on this topic during the plan preparation phase. Subsequent to the meeting, the City added two other segment to the project, namely Windward (290 LF) and Ironwood (120 LF) bringing the total footage of all three streets to 6,629 LF. Additionally, due to labor shortages, prices have gone up this year. For 2023, 8” or 9” pipe was between $35-$40/LF. This year it is expected to be between $40-$50/LF. For the 12” pipe, we would suggest an estimate of $70/LF and for the 15” pipe $100/LF. Given the anticipated flows, the contractors would probably have to use bypass pumping for the 12” and 15” resulting in our suggested higher prices for
those. Using those ball park numbers we estimate your total construction costs would be around
$374,500.
Mr. Carter Schulze, PE March 25, 2024 Page 2 The estimated preliminary cost breakdown would be as follows: Phase 1 $190,000 Phase 2 $164,000 Windward/Ironwood $20,500 The following points and detailed scope items are outlined in the attached task hour budget, but generally
consist of the following tasks.
1. Preparation of Bidding Documents, including detailed plans and specifications to bid and construct
the project during 2024 or 2025 or both. The plans will consist of project location, general notes and
quantities, manhole/pipe repair tables and repair location maps which are prepared using GIS
mapping.
2. Evaluation and preparation of bypass pumping plans and traffic control plans (if necessary). The
roadway is approximately 40 feet wide, face to face, so we will confirm that 2 lanes of traffic can travel
around the construction equipment adequately with proper signage. No detours are anticipated.
3. Preparation of a detailed Opinion of Probable Cost.
4. Bidding Assistance. This includes preparing the Ad for Bid, answering bidder questions, attending bid
opening, review the bid results and offer a recommendation for award to the City Council. It is
assumed that the City would conduct the bid opening with their QuestCDN account.
Construction Administration
1. Scheduling and conducting the Preconstruction Meeting.
2. Contract Administration which consists of shop drawing/submittal review, confirmation that the testing results meet the required strength and specifications, coordination of schedule between contractor
and City staff, and providing quantities for the City to process pay vouchers.
3. Construction inspection. We have budgeted 20 hours per week of engineering time to perform site
visits along with assist with review of all submittals including review of pre and post lining CCTV videos, review and recommendation on any change orders, responding to staff requests for any
design related questions, approval of field testing reports, etc.
4. Close out documents and final acceptance of the rehabilitation work.
5. As-built record plans
6. Business owner coordination. We have assumed 16 hours of time for business owner coordination
during construction for any bypass pumping, water restrictions or traffic concerns. The City will help identify higher water users during design and if any mailings are needed for the project, the City will
assist in developing the mailing list. Postage is reimbursable.
SCHEDULE
We will work with the City to determine the appropriate schedule, but it is our intent to complete the preliminary design work within 6 weeks of receiving the notice to proceed, assuming that the data requested from the City is provided in a timely fashion. The approximate schedule is as follows:
Milestone Date
Notice to Proceed Issued April 2, 2024
Preliminary Plans and Specifications May 15, 2024
City Review period completed May 29, 2024
Mr. Carter Schulze, PE March 25, 2024 Page 3
Milestone Date
Final Plans, Specifications and Estimates June 10, 2024
Bidding and Award period June/July 2024
Construction Schedule Fall 2024 thru 2025
Note: with only one Council meeting in July, it would be the goal to open bids July 2 and award at the July 16 Council meeting. If that is not possible, the award would be made at the August meeting.
COMPENSATION
Our proposed hourly not-to-exceed fee as shown in our attached task hour budget for Data Collection, Design, Bidding Assistance and Construction Phase is as follows: Data Collection/Design/Bidding $27,028 Construction Services $40,322 Total $67,350 This amount includes our reimbursable expenses and will not be exceeded without prior authorization from the City. Our fees to prepare Bidding Documents, assist the City with bidding, and provide part-time construction phase services are normal and customary in the industry for this type of specialized work. We will invoice the City monthly on an hourly basis for our labor. Our invoices will also include our expenses. Additional work, if authorized by the City, shall be billed at agreed upon rates. We look forward to working with you and your staff to apply trenchless pipe rehabilitation tools on the City’s Washington Ave sanitary sewer rehabilitation project. We are prepared to start immediately upon receiving the notice to proceed. Please contact Dave Hutton with questions and comments at 952.797.2329 or dhutton@sehinc.com. Respectfully submitted, SHORT ELLIOTT HENDRICKSON INC.
Toby Muse PE (Lic. MN) David E. Hutton, PE (Lic. MN, ND, WI)
Associate, Client Service Manager Project Manager
Enclosure
X:\AE\E\EDENP\177826\1-genl\10-setup-cont\03-proposal\Proposal Letter Washington Ave SS CIPP - Rev 032524.docx
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 2,2024
DEPARTMENT/DIVISION:
Scott Riley
Public Works/Streets Division
ITEM DESCRIPTION:
Award Contract for 2024 Spring and Fall Street Sweeping to Pearson Brothers Inc.
ITEM NO.:
VIII.J.
Requested Action
Move to: Award contract for 2024 Spring/Fall Street Sweeping to Pearson Brothers Inc. in the amount of $60,000.00. Synopsis
Quotes were received Thursday, March 21, 2024, for the 2024 Spring/Fall Street Sweeping. Four quotes were received as follows:
Pearson Brothers Inc $60,000.00
Mike McPhillips Inc. $71,500.00
Allied Blacktop Company $67,500.00 Reliakor Inc NO BID
Background Information The schedule for street sweeping in the project specifications indicates a start date of April 15,
2024. This early cleaning of the streets prevents sand and debris that has accumulated from the
winter snow removal operations from entering the City’s wetlands, creeks, and lakes. Spring sweeping of the streets takes approximately 5-8 working days. Street sweeping will also take place in the fall to remove leaf debris from the streets.
Financial Implications Funding for the street sweeping is from the Storm Water Utility Fund. Attachment
• Contract
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 2, 2024
DEPARTMENT/DIVISION:
Ashton Kogel
Public Works / Engineering
ITEM DESCRIPTION: I.C. 24802
Award Contract to Corrective Asphalt Materials, LLC for the 2024 Surface Seal Project
ITEM NO.:
VIII.K.
Requested Action
Move to: Award the Contract for 2024 Surface Seal Project to Corrective Asphalt Materials, LLC in the amount of $246,900.00. Synopsis
Bids were received on Thursday, March 21, 2024 for the 2024 Surface Seal Project. One bid was received as tabulated below: Corrective Asphalt Materials, LLC $246,900.00 Background Information Street sealcoating is an annual street maintenance project. The surface seal project this year will consist of applying a maltene based rejuvenating agent to the street. Placing the rejuvenating agent on newer pavement surfaces replenishes the maltenes in the asphalt street that are lost over
time. This should lead to the reduction of raveling, pitting, cracks, potholes and other signs of aging and delay the need for overlays and ultimately extend the life of the pavement. The actual project costs will be taken from the CIP pavement management fund. Attachment
• Contract Agreement
5/2023
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this _2nd__ day of ______April_ 2024, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and Corrective Asphalt Materials, LLC, a Minnesota Limited Liability Company, hereinafter referred to as the “CONTRACTOR.”
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for: I.C. 24802 – 2024 Surface Seal Project
CONTRACTOR further agrees to do everything required by this Agreement and the Contract
Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached
hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in
the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $246,900.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond
f. Contractor's Payment Bond
g. Responsible Contractor Verification Form (2) Special Conditions
(3) Detail Specifications
(4) General Conditions
(5) Plans
(6) Addenda, Supplemental Agreements and Change Orders
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original,
but all of which together will constitute one and the same instrument.
(signature pages follow)
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date
first above written.
CITY OF EDEN PRAIRIE
By: _______________________________
Its: Mayor
By: _______________________________ Its: City Manager
CONTRACTOR ______________________________
By: __________________________________ Printed Name: _________________________
Its: _______________________________ Title
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 2, 2024
DEPARTMENT/DIVISION:
Tammy Wilson, Office of the
City Manager/Finance
ITEM DESCRIPTION:
Approve 2023 Unbudgeted Fund Transfers
ITEM NO.:
VIII.L.
Requested Action Move to: Approve 2023 unbudgeted fund transfers.
Synopsis As part of the audit of the City’s financial statements, the year-end unbudgeted transfers are summarized and reported to the City Council. The City Council acceptance of the transfers is a
recommended practice by the City’s auditors. Most of the transfers are related to various funds share of a project. Attachment
Transfer Schedule
City of Eden PrairieTransfer Schedule12/31/23Transfer TransferIn Out Amount ExplanationAllocation of CostsGeneral Fund Senior Board1,000$ Transfer the Senior Board's share of various programs/projectsImprovement Projects 2006Pavement Management777,600$ Transfer Pavement Management share of Pioneer Trail project Improvement Projects 2006Water124,000$ Transfer Water share of Pioneer Trail project Improvement Projects 2006Wastewater 22,200$ Transfer Wastewater share of Pioneer Trail project Improvement Projects 2006Stormwater417,100$ Transfer Storm share of Pioneer Trail project TransportationDuck Lake Road Reconstruction2,776,521$ Close Duck Lake Road to Transportation FundDell RoadDuck Lake Road Reconstruction2,000,000$ Close Duck Lake Road to Dell RoadEden Prairie RoadWater117,129$ Transfer Water share of Eden Prairie Road projectEden Prairie RoadWastewater117,129$ Transfer Wastewater share of Eden Prairie Road projectEden Prairie RoadStormwater51,400$ Transfer Stormwater share of Eden Prairie Road project2020 Improvement ProjectsEconomic Development47,092$ Transfer Economic Development share of Prairie Center Drive to Singletree project2020 Improvement ProjectsStormwater53,141$ Transfer Stormwater share of Prairie Center Drive to Singletree projectCapital Maintenance and Improvement Fund Wastewater30,000$ Transfer Wastewater share of Willow Creek Bridge Culvert projectCapital Maintenance and Improvement Fund Stormwater338,123$ Transfer Stormwater share of Willow Creek Bridge Culvert projectCapital Maintenance and Improvement Fund General Fund2,661,850$ Transfer amounts above amount needed to maintain fund balance policy
Requested Action Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Minnesota Computer’s
services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3.
Synopsis: The City has a surplus of obsolete computer equipment. The equipment in the attached list is of
no use and will be recycled. PC’s for People, based in St. Paul MN, will pick up computer
equipment for recycling and disposal. Based on items in this list, we do not anticipate any charges for removal. For disposal of certain types of equipment, the city may be charged a nominal fee.
All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3.
Attachment: List of surplus equipment.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 02, 2024
DEPARTMENT/DIVISION:
Aditi Salunke, IT Manager
ITEM DESCRIPTION:
Declare obsolete computer equipment as surplus.
ITEM NO.:
VIII.M.
Asset Type Manufacturer Model Serial Number
Tablet Apple iPad DMPTPR83HLJK
Printer HP LJ2300 CNBDB40107
Computer HP EliteDesk 800 G4 MXL9112TKS
Printer Brother PJ-623 U62864-M4Z438505
Credit Card Reader Verifone VX520 289-843-288
FOB Encoder Orpak FHO Mifare Pod Unit 1565381
Keyboard Getac VKB10 0519VKB10US1000255
Monitor Dell 1908FPt CN-0FP182-71618-821-RMQN
Monitor HP E223 3CQ9280PG1
Media Switcher Crestron DMPS3-300-C 6506615 12955977
Amplifier Peavey MMA 835T 10388677
Printer HP Deskjet 6940 MY78TBS23R
Server HP 787217-B21 2M2723019S
Server HP ProLiant DL20 Gen 9 823177-022 S156
Server WatchGuard 170586
Server HP ProLiant DL380 Gen 7 LWCR10A86ZK0YQ
Server HP ProLiant DL380e Gen 8 6689755
Server HP ProLiant DL380 Gen 7 LWCR10A86ZK0YT
Server HP ProLiant DL380 Gen 7 LWCR10A86ZK0YS
Computer HP EliteDesk 800 G4 MXL9281SQV
Computer HP EliteDesk 800 G4 MXL9362NHX
Computer HP EliteDesk 800 G4 MXL9362NH8
Computer HP EliteDesk 800 G4 MXL9362NHJ
Computer HP EliteDesk 800 G4 MXL9362NHF
Computer HP EliteDesk 800 G4 MXL9112TKP
Computer HP EliteDesk 800 G4 MXL9362NHD
Computer HP EliteDesk 800 G4 MXL9362NHY
Computer HP EliteDesk 800 G4 MXL9281SQY
Computer HP EliteDesk 800 G4 MXL9281SQ3
Computer HP EliteDesk 800 G4 MXL9362NJ2
Computer HP EliteDesk 800 G4 MXL9281SQT
Computer HP EliteDesk 800 G3 MXL83224GT
Computer HP EliteDesk 800 G4 MXL9112TKT
Computer HP EliteDesk 800 G5 MXL0093G2Q
Computer HP EliteDesk 800 G4 MXL9141WSW
Computer HP EliteDesk 800 G4 MXL9112TKS
Computer HP EliteDesk 800 G5 MXL0313ZH5
Computer HP EliteDesk 800 G4 MXL9362NHV
Computer HP EliteDesk 800 G4 MXL9362NH9
Tablet Apple iPad DMPTC1VEHLJK
Printer HP MFP M477fdn VNBKL589Y2
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 2, 2024
DEPARTMENT/DIVISION:
Amy Markle, Parks and Recreation Director
ITEM DESCRIPTION:
Outdoor Recreation Grant Program – Homeward Hills Playground
ITEM NO.:
VIII.N.
Requested Action
Move to: Adopt the resolution authorizing staff to submit a grant request to the Minnesota DNR Outdoor Recreation Grant Program for the Homeward Hills Playground improvement project. Synopsis
The Minnesota DNR is seeking local government units (LGU) interested in increasing and enhancing outdoor recreation facilities in local and community parks. There are two sources of funding for the Outdoor Recreation Grant Program (ORGP): federal and state funds. Federal funds come from the Land and Water Conservation Fund (LWCF) and State funds come from
“In Lieu Of” lottery proceeds. These funds are set aside to assist LGU’s in providing facilities to connect community members with the outdoors. These grants will be made through the Outdoor Recreation Grant Program. To apply for the grant, it must be submitted by a local government organization and a council
resolution authorizing the submission of the grant application is required. Staff would complete the application and oversee the construction if the award is successful. Funding received from the grant would cover up to $350,000. Background
The purpose of these grants is to provide funding to help LGU’s to acquire, develop, and/or redevelop local parks and recreation areas with the intent of creating a greater connection to the outdoors among local and surrounding community members. Eligible projects include internal park trails, picnic shelters, playgrounds, athletic facilities, boat accesses, fishing piers, swimming
beaches and campgrounds. No grant awards may be used for ongoing expenses, such as programming services or operating and maintaining the facilities. The criteria considered in evaluating grant applications includes the need for the facility and how the facility will provide a high-quality experience through thoughtful design, programming, and interpretation. Considerations include how the project will connect people to the outdoors while also promoting
sustainability, accessibility, and diversity. These grant funds will be used at Homeward Hills Park to redevelop the playground into a space that better serves our community as well as the programs offered by the Eden Prairie Parks & Recreation Department. Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024-____ BE IT RESOLVED that The City of Eden Prairie act as legal sponsor for the project contained in the Outdoor Recreation Grant application to be submitted on 01 / APRIL / 2024> and that Amy
Markle is hereby authorized to apply to the Department of Natural Resources for funding of this
project on behalf of The City of Eden Prairie. BE IT FURTHER RESOLVED that the applicant maintains an adequate Conflict of Interest Policy and, throughout the term of the contract, will monitor and report any actual or potential
conflicts of interest to the State, upon discovery.
BE IT FURTHER RESOLVED that The City of Eden Prairie has the legal authority to apply for financial assistance, and it has the financial capability to meet the match requirement (if any) and ensure adequate construction, operation, maintenance and replacement of the proposed project
for its design life.
BE IT FURTHER RESOLVED that The City of Eden Prairie has not incurred any development costs and has not entered into a written purchase agreement to acquire the property described in the Cost Breakdown section on this application.
BE IT FURTHER RESOLVED that The City of Eden Prairie has or will acquire fee title or permanent easement over all the land described in the boundary map or recreational site plan included in the application.
BE IT FURTHER RESOLVED that, upon approval of its application by the State,
The City of Eden Prairie may enter into an agreement with the State for the above-referenced project, and that The City of Eden Prairie certifies that it will comply with all applicable laws and regulations as stated in the grant agreement including dedicating the park property for uses consistent with the funding grant program into perpetuity.
NOW, THEREFORE BE IT RESOLVED that THE CITY OF EDEN PRAIRIE CITY COUNCIL is hereby authorized to execute such agreements as necessary to implement the project on behalf of the applicant.
I CERTIFY THAT the above resolution was adopted by the City Council of The City of Eden
Prairie on 02 / APRIL / 2023. SIGNED: WITNESSED:
________________________________ _____________________________________
(Signature) (Signature)
_______________________________ _____________________________________
(Title) (Date) (Title) (Date)
1
CITY COUNCIL AGENDA
SECTION: Public Hearing
DATE:
April 2, 2024
DEPARTMENT/DIVISION:
Community Development/ED
Julie Klima/David Lindahl
ITEM DESCRIPTION:
Resolution Supporting Application to DEED MIF Program
ITEM NO.:
IX.A.
Requested Action
Move to: Adopt a resolution supporting application by the City of Eden Prairie to the Minnesota Investment Fund (MIF) on behalf Eden Prairie based company Aldevron Corporation. Synopsis The City is applying for a $3.7M grant through the through the Department of Employment and Economic Development’s (DEED) Minnesota Investment Fund (MIF) to help fund a major renovation
and expansion of 7075 Flying Cloud Drive owned by Aldevron. DEED requires the City to apply for the
grant and behalf of the business and act as the conduit between DEED and the business. DEED also requires a public hearing before application submittal. Background
Headquartered in Fargo, ND, Aldevron is a life sciences company that manufactures Plasma DNA. They purchased 7075 Flying Cloud in 2022 and recently obtained City approval for a major renovation and expansion. They have indicated they will be investing over$200M in the project and creating 500 new jobs. The building was constructed in 1982 and was the former headquarters for Bluestem, Super Valu, Best Buy,
Northgate Computers, and Lee Data Corporations. MIF provides financing to help create and retain high-quality jobs on a statewide basis. It’s intended for industrial, manufacturing, and technology-related industries to increase local and state tax base and improve economic vitality statewide. MIF funds are awarded to cities who provide loans or grants to
assist expanding businesses.
Attachments
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-___ A RESOLUTION AUTHORIZING APPLICATION TO THE DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT’S (DEED) MINNESOTA INVESTMENT FUND (MIF) BE IT RESOLVED that the City of Eden Prairie (Applicant) act as the legal sponsor for the project
contained in the proposed Minnesota Investment Fund Application and that the Mayor and City Manager on behalf of the City are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Eden Prairie; and BE IT FURTHER RESOLVED that the City of Eden Prairie has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to administer the proposed project; and BE IT FURTHER RESOLVED that the City of Eden Prairie has not violated any Federal, State, or
local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice; and BE IT FURTHER RESOLVED that upon approval of its application by the State, the City of Eden
Prairie may enter into a grant contract with the State of Minnesota for the project, and that the City of Eden Prairie certifies that it will comply with all applicable laws, statutes, regulations and rules as stated in the Grant Contract and described in the Project Compliance Certification of the Application; and
AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Eden Prairie, with assistance from DEED, will obtain credit information from Aldevron Corporation and parent company Danaher Corporation and upon review no adverse findings or concerns regarding, but not limited to, tax liens, judgments, court actions, and filings with state, federal and other regulatory agencies were identified.
Failure to disclose any such adverse information could result in revocation or other legal action. BE IT RESOLVED, that the Mayor and City Manager, or their successors in office, are hereby authorized to execute the Grant Contract, and amendments, thereto, as are necessary to implement the project on behalf of the applicant.
ADOPTED by the City Council of the City of Eden Prairie on this 2nd day of April 2023.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
CITY COUNCIL AGENDA
SECTION: Public Hearing
DATE:
April 2, 2024
DEPARTMENT/DIVISION:
Ashton Kogel
Public Works / Engineering
ITEM DESCRIPTION: Vacation 24-02
Vacation of Drainage and Utility Easements
ITEM NO.:
IX.B.
Requested Action Move to: Close the public hearing; and
Adopt the Resolution vacating part of the Drainage and Utility Easements lying over, under and across Lot 1, Block 2, Liberty Plaza. Synopsis
The property owner has requested a vacation of part of the drainage and utility easements as dedicated on Lot 1, Block 2, Liberty Plaza, Hennepin County, Minnesota to facilitate the proposed building expansion that requires relocating the existing watermain. The Council approved the project site plan on February 20, 2024. Background Information The drainage and utility easements to be vacated were originally dedicated on the plat of Liberty Plaza. New drainage and utility easements will be conveyed to the City by separate document. The release of the resolution vacating the drainage and utility easements will be conditioned on
the recording of the new drainage and utility easement document. Attachments
• Resolution
• Location Map
• Site Plan
• Published Notice
• Notification List
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024-___ VACATION OF PART OF THE DRAINAGE & UTILTY EASEMENTS LYING OVER, UNDER, AND ACROSS LOT 1, BLOCK 2, LIBERTY PLAZA
VACATION 24-02
WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows:
A portion of the 15.00 foot wide drainage and utility easement as dedicated in Lot 1, Block 2, LIBERTY PLAZA, according to the recorded plat thereof, Hennepin County, Minnesota. The centerline of that portion of said easement to be vacated is described as
follows:
Commencing at the northeast corner of said Lot 1; thence on an assumed bearing of South 70 degrees 45 minutes 13 seconds West along the north line of said Lot 1 for 86.85 feet; thence continuing westerly along said north line on a tangential curve, concave to
the northwest for 8.10 feet, said curve having a radius of 385.00 feet and a central angle
of 01 degree 12 minutes 18 seconds to the centerline of a drainage and utility easement as shown and dedicated in said plat of LIBERTY PLAZA; thence South 01 degree 04 minutes 25 seconds East along said centerline for 49.75 feet to the point of beginning of the centerline to be described; thence continuing South 01 degree 04 minutes 25 seconds
East along said centerline for 116.62 feet; thence South 89 degrees 13 minutes 05
seconds West along said centerline for 232.85 feet; thence South 00 degrees 55 minutes 13 seconds East along said centerline for 190.04 feet to a point hereinafter referred to as Point A; thence continuing South 00 degrees 55 minutes 13 seconds East along said centerline for 5.04 feet; thence South 89 degrees 10 minutes 05 seconds West along said
centerline for 207.61 feet and said centerline there terminating.
Together with a portion of the 15.00 foot wide drainage and utility easement as dedicated in said Lot 1. The centerline of that portion of said easement to be vacated is described as follows:
Beginning at the above mentioned Point A; thence North 89 degrees 04 minutes 47 seconds East for 14.00 feet and said centerline there terminating.
WHEREAS, a Public Hearing was held on April 2, 2024, after due notice was given to affected
property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described drainage and utility easements has no relationship to the comprehensive municipal
plan; and
WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as described above are hereby vacated.
2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with
M.S.A. 412.851. 3. This Resolution is contingent upon and shall not be effective until a new drainage and utility easement document has been conveyed to the City and recorded with the County
Recorder/Registrar of Titles as applicable. The City Clerk shall not present the Notice of
Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the easement document has been recorded. ADOPTED by the Eden Prairie City Council on April 2, 2024.
________________________ Ronald A. Case, Mayor
ATTEST:
_______________________ David Teigland, City Clerk
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DATE: 03/01/2024VACATION LOCATION MAPVAC 24-02SITE
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MINNESOTA CERTIFICATION
I hereby certify that this survey, plan or report wasprepared by me or under my direct supervision and that Iam a duly Licensed Land Surveyor under the laws of theState of Minnesota.
Dated this 28th day of February, 2024
______________________________________________
Rory L. Synstelien Minnesota License No. 44565 Project No. 22130.01 SHEET 1 OF 1
5000 GLENWOOD AVENUE
GOLDEN VALLEY, MN 55422CivilSiteGroup.com
DESCRIPTION
A portion of the 15.00 foot wide drainage and utility easement as dedicated in Lot 1, Block 2, LIBERTY PLAZA, according to the recorded plat thereof, Hennepin County, Minnesota.The centerline of that portion of said easement to be vacated is described as follows:
Commencing at the northeast corner of said Lot 1; thence on an assumed bearing of South 70 degrees 45 minutes 13 seconds West along the north line of said Lot 1 for 86.85feet; thence continuing westerly along said north line on a tangential curve, concave to the northwest for 8.10 feet, said curve having a radius of 385.00 feet and a central angleof 01 degree 12 minutes 18 seconds to the centerline of a drainage and utility easement as shown and dedicated in said plat of LIBERTY PLAZA; thence South 01 degree 04 minutes 25 seconds East along said centerline for 49.75 feet to the point of beginning of the centerline to be described; thence continuing South 01 degree 04 minutes 25 seconds East along said centerline for 116.62 feet; thence South 89 degrees 13 minutes 05 seconds West along said centerline for 232.85 feet; thence South 00 degrees 55 minutes 13 seconds East along said centerline for 190.04 feet to a point hereinafter referred to as Point A; thence continuing South 00 degrees 55 minutes 13 seconds East along said centerline for 5.04 feet; thence South 89 degrees 10 minutes 05 seconds West along said centerline for 207.61 feet and said centerline there terminating.
Together with a portion of the 15.00 foot wide drainage and utility easement as dedicated in said Lot 1. The centerline of that portion of said easement to be vacated is described asfollows:
Beginning at the above mentioned Point A; thence North 89 degrees 04 minutes 47 seconds East for 14.00 feet and said centerline there terminating.
Vacated Easement Area = 11,380 Sq. Ft. or 0.261 Acres
Drawn By: Craig J.
N
SCALE IN FEET
0 150 300
VACATION 24-02
NOTICE OF VACATION OF A PART OF THE DRAINAGE AND UTILITY EASEMENTS AS DEDICATED ON LOT 1, BLOCK 2, LIBERTY PLAZA, HENNEPIN COUNTY, MINNESOTA
Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on April 2, 2024 at 7:00 p.m. to hear all persons present
upon the proposed vacation of public drainage & utility easements described as follows: A portion of the 15.00 foot wide drainage and utility easement as dedicated in Lot 1, Block 2, LIBERTY PLAZA, according to the recorded plat thereof, Hennepin County, Minnesota. The centerline of that portion of said easement to be vacated is described as follows: Commencing at the northeast corner of said Lot 1; thence on an assumed bearing of South 70 degrees 45 minutes 13 seconds West along the north line of said Lot 1 for 86.85 feet; thence continuing westerly along said north line on a tangential curve, concave to the northwest for 8.10 feet, said curve having a radius of 385.00 feet and a central angle of 01 degree 12 minutes 18 seconds to the centerline of a drainage and utility easement as shown and dedicated in said plat of LIBERTY PLAZA; thence South 01 degree 04 minutes 25 seconds East along said centerline for 49.75 feet to the point of beginning of the centerline to be described; thence continuing South 01 degree 04 minutes 25 seconds
East along said centerline for 116.62 feet; thence South 89 degrees 13 minutes 05 seconds West along said centerline for 232.85 feet; thence South 00 degrees 55 minutes 13 seconds East along said centerline for 190.04 feet to a point hereinafter referred to as Point A; thence continuing South 00
degrees 55 minutes 13 seconds East along said centerline for 5.04 feet; thence South 89 degrees 10 minutes 05 seconds West along said centerline for 207.61 feet and said centerline there terminating. Together with a portion of the 15.00 foot wide drainage and utility easement as dedicated in said Lot 1.
The centerline of that portion of said easement to be vacated is described as follows: Beginning at the above mentioned Point A; thence North 89 degrees 04 minutes 47 seconds East for 14.00 feet and said centerline there terminating. By Order of the City Council Published in the Sun Sailor on March 14, 2024
NOTIFICATION LIST
VACATION REQUEST 24-02
A copy of the Public Hearing Notice has been sent to owners of the following parcels:
1211622210011 1211622210013
A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications
Comcast Cable Xcel Energy
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
April 02, 2024
DEPARTMENT/DIVISION:
Tammy Wilson, Office of the City Manager/Finance
ITEM DESCRIPTION:
Payment of Claims
ITEM NO.:
X.
Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis Checks 307617 - 308096
Wire Transfers 1035577 - 1035708 Wire Transfers 10269 - 10313
City of Eden Prairie
Council Check Summary
4/2/2024
Division Amount
100 City Manager 161,106 601 Prairie Village Liquor 146,169
101 Legislative 6,911 602 Den Road Liquor 259,140
110 City Clerk 1,320 603 Prairie View Liquor 166,373
111 Customer Service 3,951 605 Den Road Building 1,692
112 Human Resources 15 701 Water Enterprise Fund 349,297
113 Communications 6,970 702 Wastewater Enterprise Fund 465,579
114 Benefits & Training 4,187 703 Stormwater Enterprise Fund 62,831
130 Assessing 7,461 Total Enterprise Fund 1,451,082
131 Finance 343
132 Housing and Community Services 42 316 WAFTA 1,429
136 Public Safety Communications 575 802 494 Commuter Services 47,661
137 Economic Development 79 806 SAC Agency Fund 24,850
151 Park Maintenance 22,439 807 Benefits Fund 682,362
154 Community Center 24,242 811 Property Insurance 41,923
156 Youth Programs 4,983 812 Fleet Internal Service 77,245
157 Special Events 7,500 813 IT Internal Service 46,772
158 Senior Center 1,188 814 Facilities Capital ISF 9,122
159 Recreation Administration 3,895 815 Facilites Operating ISF 42,906
162 Arts 8,677 816 Facilites City Center ISF 58,833
163 Outdoor Center 2,736 817 Facilites Comm. Center ISF 106,908
168 Arts Center 1,348 818 Dental Insurance 8,004
180 Police Sworn 12,974 Total Internal Svc/Agency Funds 1,148,014
182 Police Civilian 7,458
184 Fire 42,390 Report Total 3,278,196
186 Inspections 3,416
201 Street Maintenance 66,087
202 Street Lighting 4,533
Total General Fund 406,826
301 CDBG 21,522
303 Cemetary Operation 111
Total Special Revenue Fund 21,633
304 Senior Board 20
308 E-911 518
309 DWI Forfeiture 125
315 Economic Development 2,209
502 Park Development 82,686
509 CIP Fund 998
512 CIP Trails 103,459
526 Transportation Fund 8,037
528 Shady Oak Rd-CR 61 North 167
539 2020 Improvement Projects 33,249
541 DELL RD (CRESTWOOD TO CSAH 61)516
543 Police Remodel 17,691
804 100 Year History 967
Total Capital Projects Fund 250,640
City of Eden PrairieCouncil Check Register by GL
4/2/2024
Check #Amount Supplier / Explanation Account Description Business Unit Comments
307911 383,901 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee April 2024
10272 342,713 HEALTHPARTNERS Premiums Health and Benefits March 2024 Premiums
10308 225,628 PUBLIC EMPLOYEES RETIREMENT ASSOCIATPERA Health and Benefits PERA PR Ending 02.23.24
1035601 132,831 ADVANCED ENGINEERING & ENVIRONMENTA Improvement Contracts Wastewater Capital Well & Lift Stations Rehab, Maint, GSR Pump Station
10269 122,415 MINNESOTA DEPT OF REVENUE Due to Other Governments Various Funds MN Sales Tax Feb 2024
307759 100,000 TEMPUS EDEN PRAIRIE Other Contracted Services CIP Trails Viking Dr Trail Reimbursement
307917 76,161 PARKOS CONSTRUCTION COMPANY Building Repair & Maint.Park Acquisition & Development
307728 70,196 KTJ 315, LLC Deposits General Fund
307898 65,500 INTEGRATED PROCESS SOLUTIONS INC Improvement Contracts Wastewater Capital
307937 65,119 TRICAM INDUSTRIES Deposits General Fund
1035708 48,241 XCEL ENERGY Electric Various Funds
307738 47,227 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General
10312 36,503 EMPOWER Deferred Compensation Health and Benefits
308083 33,880 STANTEC CONSULTING SERVICES INC Design & Engineering Stormwater Non-Capital
307708 30,909 COMPASS MINERALS AMERICA, INC Salt Snow & Ice Control
308078 29,200 SOT RIDGE LLC C/O RITZ & ASSOCIATES Right of Way & Easement 2020 Improvement Projects
1035651 27,068 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds
307881 26,508 COMPASS MINERALS AMERICA, INC Salt Snow & Ice Control
308043 26,106 INDUSTRIAL PAINTING SPECIALISTS Improvement Contracts Water Capital
1035690 25,661 CENTERPOINT ENERGY Gas Various Funds
307901 25,000 LEAGUE MN CITIES INS TRUST Insurance Property Insurance
307866 23,245 BEAUDRY OIL & PROPANE Motor Fuels Fleet Operating
308053 23,037 MHL SYSTEMS Equipment Parts Fleet Operating
10311 20,051 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
307909 18,784 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital
10274 18,064 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Funds
10313 17,925 U.S. BANK - I-494 PURCH. CARD Conference/Prof. Dev.494 Corridor Commission
308001 17,793 ABM ONSITE SERVICES-MIDWEST Janitor Service Various Funds
307698 17,691 BKV GROUP Other Contracted Services Police Remodel
307910 17,370 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
10282 17,227 WEX HSA - Employee Health and Benefits
307812 17,160 SOUTHERN GLAZER'S WINE AND SPIRITS OF MLiquor Product Received Den Road Liquor Store
1035612 16,861 HANSEN THORP PELLINEN OLSON Design & Engineering CIP Trails
308064 16,698 PRAIRIEVIEW RETAIL LLC Other Contracted Services Prairie View Liquor Store
307930 16,564 SUNRAM CONSTRUCTION Improvement Contracts Stormwater Capital
308033 16,342 GRI EDEN PRAIRIE, LLC Other Contracted Services Prairie Village Liquor Store
10307 16,078 PAYCHEX Wages and Benefits 494 Corridor Commission
307799 15,182 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
307645 14,774 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
1035655 13,680 HAWKINS INC Treatment Chemicals Water Treatment
307750 13,275 RAY N WELTER HEATING Other Contracted Services Rehab
10277 12,756 CARD CONNECT Bank and Service Charges Recreation Admin
307827 11,675 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
307974 11,613 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
307894 11,385 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment
Check #Amount Supplier / Explanation Account Description Business Unit Comments30765811,269 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
307876 11,106 CITYGATE ASSOCIATES LLC Other Contracted Services Fire
1035605 11,003 CENTERPOINT ENERGY Gas Various Funds
307806 10,906 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
1035679 10,600 INNOVATIVE OFFICE SOLUTIONS Janitor Service General Community Center
308092 10,550 WAYNES HOME SERVICES Window Washing Various Funds
1035697 10,458 HAWKINS INC Treatment Chemicals Water Treatment
307730 10,414 LEAGUE MN CITIES INS TRUST Insurance Property Insurance
307668 10,397 SOUTHERN GLAZER'S WINE AND SPIRITS OF MLiquor Product Received Den Road Liquor Store
307740 10,221 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits
307744 10,208 PALADIN TECHNOLOGIES Other Contracted Services Facilities Staff
307944 9,841 VERIZON WIRELESS Data Plans Various Funds
307674 9,455 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
307800 9,436 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
307780 9,189 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
307831 9,008 SOUTHERN GLAZER'S WINE AND SPIRITS OF MLiquor Product Received Prairie View Liquor Store
307968 8,918 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
307789 8,498 SOUTHERN GLAZER'S WINE AND SPIRITS OF MLiquor Product Received Prairie Village Liquor Store
307915 8,494 NAC Equipment Repair & Maint Water Treatment
1035611 8,178 GRANICUS INC Software Maintenance IT Operating
307933 8,100 TECH SALES CO Maintenance Contracts Water Treatment
308091 7,985 VAN PAPER COMPANY Cleaning Supplies City Center - CAM
307647 7,734 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
307689 7,713 SOUTHERN GLAZER'S WINE AND SPIRITS OF MLiquor Product Received Prairie View Liquor Store
307992 7,604 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
307717 7,554 GRAYMONT Treatment Chemicals Water Treatment
307888 7,539 GRAYMONT Treatment Chemicals Water Treatment
307890 7,500 GREAT LAKES DRONE COMPANY, LLC.Other Contracted Services July 4th Celebration
308039 7,461 HENNEPIN COUNTY TREASURER Other Contracted Services Assessing
307868 7,458 BENT CREEK GOLF CLUB Liquor Licenses Police Civilian
308031 7,401 GRAYMONT Treatment Chemicals Water Treatment
307725 7,120 INDEPENDENT SCHOOL DISTRICT 272 City Building Rental City Center - CAM
1035705 7,120 SRF CONSULTING GROUP INC Design & Engineering Stormwater Capital
10280 7,050 BPAS HRA Health and Benefits
307724 6,991 HYDRO-VAC INC Other Contracted Services Stormwater Non-Capital
307810 6,819 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
307958 6,639 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
307681 6,568 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
308044 6,525 ISG Other Contracted Services Park Acquisition & Development
307927 6,509 STODDART JOHN Insurance Property Insurance
307629 6,381 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
307929 6,344 SUBURBAN RATE AUTHORITY Dues & Subscriptions City Council
307620 6,099 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
308040 6,000 HENNEPIN TECHNICAL COLLEGE Training Fire
1035695 5,903 GENUINE PARTS COMPANY Repair & Maint. Supplies Fleet Operating
307768 5,828 BCM ONE Telephone IT Operating
307646 5,747 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
307712 5,726 DYNAMIC IMAGING SYSTEMS INC Software Maintenance IT Operating
307769 5,670 CATALYST GRAPHICS INC Printing Communications
Check #Amount Supplier / Explanation Account Description Business Unit Comments3076365,586 SOUTHERN GLAZER'S WINE AND SPIRITS OF MLiquor Product Received Prairie Village Liquor Store
307757 5,393 STRAND MANUFACTURING CO INC Repair & Maint. Supplies Water Treatment
1035702 5,361 METROPOLITAN MECHANICAL CONTRACTORContract Svcs - HVAC Pool Maintenance
307821 5,212 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
308034 5,038 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF
1035663 5,029 XCEL ENERGY Electric Various Funds
307947 4,839 WM CORPORATE SERVICES INC Waste Disposal Various Funds
307981 4,725 SOUTHERN GLAZER'S WINE AND SPIRITS OF MLiquor Product Received Den Road Liquor Store
307735 4,724 MADISON NATIONAL LIFE INSURANCE CO INCDisability Ins Employers Health and Benefits
308067 4,707 PRONTO HEATING & AIR CONDITIONING Other Contracted Services Rehab
10283 4,662 CHASE Bank and Service Charges Wastewater Accounting
307729 4,653 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits
307763 4,630 TRAFFIC CONTROL CORPORATION Improvement Contracts Transportation Fund
307700 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General
307723 4,568 HLS OUTDOOR Landscape Materials/Supp Park Maintenance
307970 4,524 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
307676 4,495 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
1035701 4,488 METRO SALES INCORPORATED*Equipment Rentals IT Operating
308037 4,468 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission
307752 4,265 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal
1035615 4,257 METROPOLITAN MECHANICAL CONTRACTORContract Svcs - HVAC City Center - CAM
307986 4,209 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
307946 4,100 WAYNES HOME SERVICES Window Washing Various Funds
308081 4,085 SSI KEF SLB LLC Electric City Center - CAM
307793 4,021 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
307829 4,010 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
307755 3,990 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)
308003 3,931 AIR COMPRESSORS PLUS Equipment Repair & Maint Utility Operations - General
308041 3,854 HINTERLAND CSG LLC Electric Facilities Operating ISF
1035613 3,845 MENARDS Repair & Maint. Supplies Various Funds
308070 3,822 SAFEASSURE CONSULTANTS INC Instructor Service Various Funds
307896 3,796 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting
307967 3,773 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
307727 3,768 JOHNSON CONTROLS FIRE PROTECTION Capital Under $25,000 Police (City Cost)
307786 3,761 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
307642 3,684 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
307977 3,647 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
307902 3,622 LEGACY GYMNASTICS Instructor Service Recreational Sports
307949 3,612 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
307796 3,572 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
307820 3,562 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
308050 3,558 LAKE COUNTRY DOOR LLC Contract Svcs - Electrical Utility Operations - General
307748 3,540 PROP Other Contracted Services CDBG - Public Service
307741 3,533 MINNESOTA VALLEY ELECTRIC COOPERATIVElectric Various Funds
307996 3,527 SOUTHERN GLAZER'S WINE AND SPIRITS OF MLiquor Product Received Prairie View Liquor Store
1035620 3,512 STREICHERS Clothing & Uniforms Police Sworn
307969 3,394 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
307773 3,371 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
10297 3,347 HEALTHPARTNERS Dental Insurance Dental Insurance
Check #Amount Supplier / Explanation Account Description Business Unit Comments3076643,245 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
307885 3,226 EMERGENCY AUTOMOTIVE TECHNOLOGY INAutos Fleet - Police
308076 3,218 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF
307931 3,200 SUREFITTERS Autos Fleet - Public Works
307764 3,146 VAN PAPER COMPANY Cleaning Supplies General Community Center
307985 3,075 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
307774 3,067 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
307767 3,000 PITNEY BOWES BANK INC RESERVE ACCOUNPostage Customer Service
308052 2,875 MARTIN-MCALLISTER Employment Support Test Organizational Services
308080 2,777 SSI KEF SLB LLC Electric Water Treatment
1035650 2,724 CDW GOVERNMENT INC.Computers IT Operating
10279 2,697 HEALTHPARTNERS Dental Insurance Dental Insurance
307950 2,667 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
307907 2,654 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
308056 2,608 MINNESOTA FIRE SERVICE CERTIFICATION BTraining Fire
1035657 2,503 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating
308010 2,497 ASPEN MILLS Clothing & Uniforms Fire
307696 2,439 ARVIG Fiber Lease Payments IT Operating
308005 2,389 ALTERNATIVE BUSINESS FURNITURE INC Supplies - General Bldg City Center - CAM
307675 2,332 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
307918 2,307 PERA Wages and Benefits 494 Corridor Commission
307655 2,295 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
307987 2,289 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
308007 2,265 AQUA LOGIC INC Contract Svcs - Pool Pool Maintenance
307803 2,229 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
307719 2,224 GYM WORKS Equipment Repair & Maint Fitness Center
307683 2,215 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
307815 2,185 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
307662 2,154 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
1035675 2,145 CURTIS CALLAN Training Fire
307971 2,115 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
307884 2,113 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
1035617 2,099 POMP'S TIRE SERVICE INC Tires Fleet Operating
307721 2,096 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees Riley House
1035686 2,089 TANG ZACHARY Training Fire
308038 2,061 HENNEPIN COUNTY ACCOUNTS RECEIVABLEBoard of Prisoner Police Sworn
307941 2,049 TYLER TECHNOLOGIES INC Software Maintenance IT Operating
308090 2,035 TIMM AUSTIN Training Fire
307988 2,034 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
10270 2,013 MINNESOTA DEPT OF REVENUE Due to Other Governments General Fund
307701 2,011 CENTURYLINK Telephone Various Funds
307925 1,990 STANTEC CONSULTING SERVICES INC Other Contracted Services Stormwater Non-Capital
308066 1,985 PRIVETTE JOSH Training Fire
1035707 1,956 STREICHERS Clothing & Uniforms Police Sworn
10303 1,953 WEX FSA - Medical Health and Benefits
307632 1,952 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
307684 1,933 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
307818 1,872 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
307634 1,827 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments3077711,806 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
307822 1,805 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
307864 1,800 BANDEIRA BERNARDO Improvement Contracts Stormwater Capital
308073 1,800 SCOTT NELSON COACHING INC Training Fire
307693 1,794 ACTIVE 911 INC Software Maintenance IT Operating
307627 1,719 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
307775 1,705 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
1035606 1,694 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Distribution
10296 1,691 INVOICE CLOUD INC Bank and Service Charges Various Funds
308088 1,663 THE ADVENT GROUP Temp 494 Corridor Commission
307718 1,651 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
10293 1,642 WEX FSA - Medical Health and Benefits
10292 1,592 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits
307653 1,533 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
10309 1,520 UKG INC Garnishment Withheld Health and Benefits
307834 1,504 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
308006 1,500 AMERICAN ENVIRONMENTAL LLC Equipment Repair & Maint Wasterwater Collection
308028 1,495 EMERGENCY TECHNICAL DECON Other Contracted Services Fire
1035628 1,487 VINOCOPIA Liquor Product Received Den Road Liquor Store
307973 1,484 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
307983 1,481 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store
1035648 1,469 WSB & ASSOCIATES INC Design & Engineering Historical Culture
307932 1,447 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
307669 1,420 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
307680 1,415 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
308093 1,415 YORKTOWN OFFICES Rent 494 Corridor Commission
307869 1,400 BOLTON & MENK INC Design & Engineering Capital Maint. & Reinvestment
308042 1,391 INDIGO SIGNWORKS, INC.Clothing & Uniforms Ice Show
10290 1,388 WEX FSA - Dependent Care Health and Benefits
308045 1,388 I-STATE TRUCK CENTER Equipment Parts Fleet Operating
308065 1,350 PRECISE MRM LLC Other Contracted Services Snow & Ice Control
1035597 1,348 MINNESOTA CLAY CO. USA Operating Supplies Arts Center
307734 1,344 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Fire
307805 1,325 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1035699 1,324 LANDS END CORPORATE SALES Clothing & Uniforms Police Sworn
307777 1,323 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
307709 1,311 CORE & MAIN Repair & Maint. Supplies Water Distribution
307713 1,300 EDINA, CITY OF Other Contracted Services Communications
308072 1,300 SCHWANTES MICHELLE Other Contracted Services Winter Theatre
308004 1,296 AIRGAS USA LLC Contract Svcs - Pool Fire
307934 1,296 TGA OF CENTRAL HENNEPIN COUNTY Instructor Service Camps
307672 1,283 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
307961 1,269 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
307801 1,268 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
307951 1,265 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
307648 1,238 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
308059 1,236 NAC Contract Svcs - Plumbing General Community Center
307618 1,228 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
307875 1,228 CINTAS CORPORATION Safety Supplies Community Center Admin
Check #Amount Supplier / Explanation Account Description Business Unit Comments3078671,222 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance
307940 1,210 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions
1035676 1,178 FASTENAL COMPANY Repair & Maint. Supplies Park Maintenance
10301 1,176 WEX FSA - Medical Health and Benefits
307677 1,174 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
307825 1,165 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
308071 1,163 SAFETY SIGNS Equipment Repair & Maint Water Distribution
307622 1,162 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
1035670 1,127 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
1035581 1,126 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
308011 1,125 ASSURED SECURITY Contract Svcs - General Bldg General Community Center
308079 1,113 SSI KEF SLB LLC Electric Maintenance Facility
307807 1,112 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
307889 1,104 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
1035700 1,101 MENARDS Supplies - HVAC Park Maintenance
307904 1,100 LIFE SUPPORT INNOVATIONS Conference/Training Street Maintenance
308013 1,100 BLUHM JOEY Other Contracted Services Winter Theatre
307621 1,099 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
10281 1,083 WEX HSA - Employer Health and Benefits
1035669 1,073 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
307736 1,042 MARCO INC Hardware - R&M IT Operating
307745 1,025 PETERSON COUNSELING AND CONSULTING Other Contracted Services Fire
1035646 1,017 R & R SPECIALTIES OF WISCONSIN INC Contract Svcs - Ice Rink Ice Arena Maintenance
307963 983 SOUTHERN GLAZER'S WINE AND SPIRITS OF MLiquor Product Received Prairie Village Liquor Store
1035625 982 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
307964 977 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store
1035633 968 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1035677 968 GENERAL PARTS LLC Merchandise for Resale Concessions
1035629 945 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
308086 942 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
307679 921 DOMACE VINO Liquor Product Received Prairie View Liquor Store
1035618 913 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical General Community Center
1035667 909 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
308077 900 SONDROL KATHERINE Other Contracted Services Winter Theatre
307650 897 DOMACE VINO Liquor Product Received Den Road Liquor Store
10304 890 WEX FSA - Medical Health and Benefits
307956 882 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
10295 876 WEX FSA - Medical Health and Benefits
1035659 876 MENARDS Equipment Parts Recreation Admin
1035624 875 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
307652 864 FAT PANTS BREWING CO LLC Liquor Product Received Den Road Liquor Store
307626 852 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
307858 849 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Repair & Maint Fleet Operating
307766 845 WADE LUCIOUS AR Utility Water Enterprise Fund
307784 843 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
307694 834 AIRGAS USA LLC Supplies - Pool Pool Maintenance
307731 833 LEXISNEXIS RISK SOLUTIONS FL INC Other Contracted Services Police Sworn
1035593 830 INNOVATIVE OFFICE SOLUTIONS Supplies - General Bldg General Community Center
307965 814 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments307666810RISE RIGHT LLC Liquor Product Received Den Road Liquor Store
308016 809 CAMPBELL KNUTSON, P.A.Legal WAFTA
10288 801 AMERICAN EXPRESS Bank and Service Charges Various Funds
308025 800 DULKA NATALIE Other Contracted Services Winter Theatre
308026 800 EDWARDS KATHERINE Other Contracted Services Winter Theatre
308085 800 STOBB HAILEY Other Contracted Services Winter Theatre
1035639 796 FRED PRYOR SEMINARS Conference/Training Utility Operations - General
307952 796 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
307714 792 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
307994 784 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
307989 779 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
307660 777 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
307891 771 HEALTHPARTNERS OCCUPATIONAL MEDICINEmployment Support Test Organizational Services
307663 767 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
308036 764 HAYEN, LINDA Other Contracted Services Winter Theatre
307625 762 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
307935 759 THE ADVENT GROUP Temp 494 Corridor Commission
307995 755 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
307760 755 THE ADVENT GROUP Temp 494 Corridor Commission
1035584 754 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
307623 753 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
308032 751 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
307980 750 RISE RIGHT LLC Liquor Product Received Den Road Liquor Store
10275 749 WEX FSA - Medical Health and Benefits
10300 745 WEX FSA - Medical Health and Benefits
308029 741 FIRST ARRIVING, LLC Dues & Subscriptions Facilities Staff
1035682 735 KRISS PREMIUM PRODUCTS INC Supplies - Pool Pool Maintenance
1035643 734 METROPOLITAN FORD Equipment Parts Fleet Operating
1035649 716 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
1035638 714 CUSTOM HOSE TECH Equipment Parts Fleet Operating
307998 705 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
307754 700 SOLUTION BUILDERS Computers 494 Corridor Commission
307699 698 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe General Community Center
307991 698 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
307782 692 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
308084 683 STAPLES ADVANTAGE Office Supplies Customer Service
307860 681 AQUA LOGIC INC Supplies - Pool Pool Maintenance
307916 680 ONE STEP PRODUCTIONS Other Rentals Ice Show
1035693 666 FERRELLGAS Operating Supplies Outdoor Center
307957 655 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
307798 652 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
1035609 649 FERRELLGAS Gas Outdoor Center
308063 648 PLANT & FLANGED EQUIPMENT Repair & Maint. Supplies Edenvale Park
1035665 643 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
307871 620 BURNS EXCAVATING INC Other Contracted Services WAFTA
1035630 618 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
1035602 612 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General
307975 608 MEGA BEER Liquor Product Received Den Road Liquor Store
307720 608 HENNEPIN COUNTY ACCOUNTS RECEIVABLEBoard of Prisoner Police Sworn
Check #Amount Supplier / Explanation Account Description Business Unit Comments10284607US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Various Funds
308015 600 BROWN, MARK Other Contracted Services Winter Theatre
308049 600 KING SAMANTHA Other Contracted Services Winter Theatre
10276 599 WEX FSA - Medical Health and Benefits
307945 594 VESSCO INC Repair & Maint. Supplies Water Treatment
307711 591 DELUXE Operating Supplies Prairie View Liquor Store
1035692 590 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection
307788 587 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store
307816 585 WINEBOW Liquor Product Received Den Road Liquor Store
307897 576 INSIDE EDGE GOLF Other Contracted Services Senior Center Programs
308096 562 PUBLIC EMPLOYEES RETIREMENT ASSOCIATPERA Health and Benefits
1035587 559 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
307809 559 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
1035654 558 GRAINGER Supplies - Electrical General Community Center
307776 555 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
307749 543 PROPIO LS LLC Operating Supplies Police Sworn
307690 540 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
1035687 534 THE OASIS GROUP Employee Assistance Organizational Services
307661 533 MEGA BEER Liquor Product Received Den Road Liquor Store
1035632 520 VINOCOPIA Liquor Product Received Prairie View Liquor Store
307865 518 BATTERIES PLUS BULBS Operating Supplies Fire
1035647 515 WOOD, CHRIS Tuition Reimbursement/School Police Sworn
1035626 510 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
1035694 510 GARTNER REFRIGERATION & MFG INC Contract Svcs - Ice Rink Ice Arena Maintenance
10285 510 PMA FINANCIAL NETWORK INC Bank and Service Charges Various Funds
1035600 500 TOLL GAS AND WELDING SUPPLY Operating Supplies Fleet Operating
308035 500 HARVEST BAKERY SERVICES INC.Contract Svcs - Electrical Senior Center
307691 483 WINEBOW Liquor Product Received Prairie View Liquor Store
307824 483 DOMACE VINO Liquor Product Received Prairie View Liquor Store
307899 481 I-STATE TRUCK CENTER Equipment Repair & Maint Fleet Operating
307791 480 VENN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
307644 479 BLUE CLOUD DISTRIBUTION OF MINNESOTA Liquor Product Received Den Road Liquor Store
10271 477 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
307823 474 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
1035691 468 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
307959 452 MEGA BEER Liquor Product Received Prairie Village Liquor Store
307990 451 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie View Liquor Store
1035578 442 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
307794 432 WINEBOW Liquor Product Received Prairie Village Liquor Store
307707 431 COMCAST Phone/Data/Web 494 Corridor Commission
1035579 423 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
308014 422 BOUND TREE MEDICAL LLC EMS Supplies Fire
307972 418 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store
307641 410 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store
307953 409 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
1035658 405 LOCATORS & SUPPLIES INC Operating Supplies Traffic Signals
307685 405 RISE RIGHT LLC Liquor Product Received Prairie View Liquor Store
307928 399 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating
308087 399 TALKPOINT TECHNOLOGIES INC Equipment Parts E-911 Program
Check #Amount Supplier / Explanation Account Description Business Unit Comments307702392CENTURYLINKTelephoneIT Operating
307859 392 AIRGAS USA LLC Supplies - Pool Pool Maintenance
307993 389 MEGA BEER Liquor Product Received Prairie View Liquor Store
1035678 386 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution
307851 376 RIVER RIDGE, LLC AR Utility Water Enterprise Fund
1035664 376 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
308060 374 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
1035672 365 BARNUM GATE SERVICES INC Contract Svcs - General Bldg Moss Site
307633 358 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
1035608 355 EPA AUDIO VISUAL INC Hardware - R&M IT Operating
308082 353 STALKER RADAR Equipment Repair & Maint Police Sworn
307854 352 STORM NICHOLAS AR Utility Water Enterprise Fund
307781 345 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
308054 345 MHSRC/DDP Other Contracted Services Senior Center Programs
1035599 345 QUALITY PROPANE Repair & Maint - Ice Rink Ice Arena Maintenance
307813 344 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
307978 336 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
307870 329 BOUND TREE MEDICAL LLC Clothing & Uniforms Emergency Management
307924 325 ST CROIX LINEN LLC Operating Supplies-Linens Fire
307817 321 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
307874 320 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission
1035673 320 CLAREY'S SAFETY EQUIPMENT Safety Supplies Utility Operations - General
1035668 313 VINOCOPIA Liquor Product Received Prairie View Liquor Store
307862 307 ASPEN MILLS Clothing & Uniforms Fire
1035704 303 PREMIUM WATERS INC Operating Supplies - Water Fire
1035674 302 CONCRETE CUTTING AND CORING Equipment Parts Street Maintenance
307751 300 REACH Licenses, Taxes, Fees Ice Operations
307948 300 PETTY CASH Petty Cash & Change Funds General Fund
308021 300 CONSTABLE GILLIAN Other Contracted Services Winter Theatre
308051 300 LEATHERBARROW HANNAH Other Contracted Services Winter Theatre
307886 295 FERGUSON WATERWORKS Repair & Maint. Supplies Water Distribution
307819 294 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
1035596 293 METROPOLITAN FORD Equipment Parts Fleet Operating
307635 293 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store
307688 293 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
1035592 291 GETSCHOW, RICK Mileage & Parking Administration
307657 290 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
10299 289 WEX FSA - Medical Health and Benefits
307863 285 AUDIO LOGIC SYSTEMS Equipment Repair & Maint Fitness Classes
307966 285 WINEBOW Liquor Product Received Prairie Village Liquor Store
1035614 284 METRO ELEVATOR INC Contract Svcs - Elevator Fire Station #1
10287 284 WEX FSA - Medical Health and Benefits
307695 282 ARAMARK Janitor Service Prairie Village Liquor Store
307984 280 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
1035653 280 EPA AUDIO VISUAL INC Hardware - R&M IT Operating
307624 279 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store
308027 276 EMERGENCY AUTOMOTIVE TECHNOLOGY INEquipment Parts Fleet Operating
307671 274 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie View Liquor Store
307802 270 DOMACE VINO Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments307785265PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
307954 265 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store
1035621 265 XCEL ENERGY Electric Street Lighting
307979 261 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
308023 259 COREMARK METALS Operating Supplies Traffic Signs
307783 258 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
308047 256 JSW EMBROIDERY & TACKLE TWILL Deposits Street Maintenance
308024 256 DELTA DENTAL Wages and Benefits 494 Corridor Commission
307733 255 LOAD'EM UP TRAILERS RENTAL AND SALES Other Rentals Elections
307905 255 LOAD'EM UP TRAILERS RENTAL AND SALES Other Rentals Elections
1035666 253 VINOCOPIA Liquor Product Received Den Road Liquor Store
307849 253 PETERSON CHRIS AR Utility Water Enterprise Fund
307770 252 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
307649 251 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store
308068 250 QUIGLEY JONATHAN JR Other Contracted Services Theatre Initiative
1035656 248 HORIZON COMMERCIAL POOL SUPPLY Contract Svcs - Pool Pool Maintenance
1035685 248 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
307678 247 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie View Liquor Store
307631 246 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
307808 246 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
307883 245 DIRECTV Cable TV Community Center Admin
307715 240 GERTENS Conference/Training Park Maintenance
307895 240 HURKADLI MONA P&R Refunds Community Center Admin
307828 238 PEQUOD DISTRIBUTION Liquor Product Received Prairie View Liquor Store
307832 234 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
308009 233 ASCHENBECK SARA Miscellaneous City Council
1035684 233 NESSLER STEVEN Clothing & Uniforms Police Sworn
307903 227 LENNOX INDUSTRIES INC.Supplies - HVAC Park Shelters
307797 226 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store
10305 226 OPTUM HEALTH Other Contracted Services Health and Benefits
307640 222 WINEBOW Liquor Product Received Prairie Village Liquor Store
307670 222 WINEBOW Liquor Product Received Den Road Liquor Store
307962 222 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1035604 219 BOYER TRUCKS Equipment Parts Fleet Operating
307923 215 RON THE SEWER RAT Equipment Repair & Maint Water Treatment
307887 212 FREDRIKSON & BYRON P.A.Incentives 494 Corridor Commission
308058 212 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance
1035652 211 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
307943 211 VAN PAPER COMPANY Cleaning Supplies Outdoor Center Facilities
308002 210 AIM ELECTRONICS Operating Supplies Ice Operations
1035660 210 METRO SALES INCORPORATED*Equipment Rentals IT Operating
307926 209 STAPLES ADVANTAGE Office Supplies Customer Service
307630 207 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
307861 205 ARAMARK Janitor Service Prairie View Liquor Store
307710 203 COREMARK METALS Equipment Parts Fleet Operating
307765 202 VESSCO INC Repair & Maint. Supplies Water Treatment
307892 200 HENNEPIN COUNTY FIRE CHIEF ASSOC Dues & Sub-Memberships Fire
307787 198 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store
307900 198 J H LARSON COMPANY Repair & Maint. Supplies Miller Park
Check #Amount Supplier / Explanation Account Description Business Unit Comments1035580198PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store
307792 196 VIP WINE & SPIRITS LTD Liquor Product Received Prairie Village Liquor Store
307758 194 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
1035627 192 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
307877 190 COMCAST Internet IT Operating
1035577 187 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
307743 187 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn
1035610 183 GRAINGER Small Tools City Center - CAM
307833 182 VENN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
308061 182 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Park Shelters
10291 180 WEX FSA - Dependent Care Health and Benefits
308020 180 COMCAST Cable TV Fire
1035703 175 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Pool Maintenance
307619 172 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store
307643 172 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store
307673 172 BARREL THEORY BEER COMPANY Liquor Product Received Prairie View Liquor Store
1035585 171 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
307732 168 LISTON SARAH Tuition Reimbursement/School Fitness Classes
307665 168 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
307761 167 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council
307936 167 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council
307960 165 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1035645 165 PETERKIN, BRENNA Tuition Reimbursement/School Fitness Classes
307976 163 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
1035671 162 ADAMS PEST CONTROL INC Maintenance Contracts Water Treatment
307873 161 CENTURYLINK Internet IT Operating
10286 161 WEX FSA - Medical Health and Benefits
1035623 159 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
307830 157 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
308008 157 ARAMARK Janitor Service Den Road Liquor Store
307999 153 M-R SIGN CO INC Signs Traffic Signs
307722 147 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
307772 140 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store
307847 139 PALMER EMMA AR Utility Water Enterprise Fund
307686 135 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie View Liquor Store
307955 135 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
308057 135 MINNESOTA POLLUTION CONTROL AGENCY Conference/Training Utility Operations - General
308017 135 CENTURYLINK Telephone IT Operating
307779 134 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
1035689 134 CDW GOVERNMENT INC.Computers IT Operating
1035681 133 IRMITER, JESSE Operating Supplies Police Sworn
308000 133 A TO Z RENTAL CENTER Operating Supplies Fire
1035622 132 ZIEGLER INC Equipment Repair & Maint Park Maintenance
307790 132 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
307814 132 VENN BREWING COMPANY Liquor Product Received Den Road Liquor Store
307795 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
307835 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
1035607 131 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
307826 130 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments307659129LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
307682 129 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
307654 126 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store
307938 125 TSAI LULU Tuition Reimbursement/School Fitness Classes
308075 125 SILVER DAVID Other Contracted Services Senior Center Programs
1035680 125 INTOXIMETERS Miscellaneous DWI Forfeiture
1035583 123 VINOCOPIA Liquor Product Received Den Road Liquor Store
1035586 123 VINOCOPIA Liquor Product Received Prairie View Liquor Store
307704 120 CINTAS CORPORATION #470 Operating Supplies Park Maintenance
308055 120 MINNESOTA DEPT OF LABOR AND INDUSTRYLicenses, Taxes, Fees Fire Station #2
308095 120 MINNESOTA SECRETARY OF STATE - NOTARYLicenses, Taxes, Fees Police Sworn
307697 120 ASPEN MILLS Clothing & Uniforms Fire
307878 119 COMCAST Telephone E-911 Program
308074 118 SHRED RIGHT Waste Disposal Fire Station #1
1035634 118 ALBERT, MICHAEL Travel Expense Utility Operations - General
1035637 118 BORG, STEVE Travel Expense Utility Operations - General
307997 117 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
1035590 114 CUSTOM HOSE TECH Equipment Parts Fleet Operating
307942 112 UNITED STATES POSTAL SERVICE Postage Senior Center Admin
307692 109 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Parts Fleet Operating
1035661 108 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
307687 108 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store
1035619 106 STERICYCLE INC Other Contracted Services Police Sworn
307628 105 INVICTUS BREWING CO Liquor Product Received Prairie Village Liquor Store
307638 105 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
308046 105 JOHNSON ROBERT Rental License Housing Inspections
307762 104 T-MOBILE Cell Phones 494 Corridor Commission
307637 104 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store
307982 104 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store
307880 103 COMCAST Cable TV Fire
307617 100 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie Village Liquor Store
308069 98 ROY MICHAEL P&R Refunds Community Center Admin
307639 97 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
307706 97 COMCAST Internet IT Operating
10302 94 WEX FSA - Medical Health and Benefits
1035594 94 JOHNSTON, ROB Operating Supplies Police Sworn
1035616 92 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
1035588 91 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
307882 87 CORE & MAIN Repair & Maint. Supplies Water Distribution
307742 85 NORTHERN TOOL Repair & Maint. Supplies Park Maintenance
307778 84 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
307804 84 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
308019 84 COMCAST Cable TV Fire
307836 81 ARVIG CATHY AR Utility Water Enterprise Fund
307651 80 ELM CREEK BREWING COMPANY Liquor Product Received Den Road Liquor Store
307656 80 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
1035595 79 LINDAHL, DAVID Mileage & Parking Economic Development
10306 78 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
1035696 76 GRAINGER Repair & Maint. Supplies Water Treatment
Check #Amount Supplier / Explanation Account Description Business Unit Comments30802275CORE & MAIN Repair & Maint. Supplies Water Treatment
307737 74 MGX EQUIPMENT SERVICES LLC Equipment Parts Fleet Operating
307726 73 JERRY'S ENTERPRISES INC Repair & Maint. Supplies Utility Operations - General
1035636 73 BERRY COFFEE COMPANY Merchandise for Resale Concessions
307841 72 KOTLYAR LEONID AR Utility Water Enterprise Fund
10278 72 PAYA Bank and Service Charges Winter Theatre
307879 68 COMCAST Cable TV Fire
307893 65 HIEBL DANIEL Program Fee Recreational Sports
1035582 65 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
1035631 65 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
1035706 65 STAR TRIBUNE MEDIA COMPANY LLC Dues & Subscriptions Police Sworn
307811 64 SMALL LOT MN Liquor Product Received Den Road Liquor Store
10298 63 MONEY MOVERS INC Other Contracted Services Community Center Admin
307842 60 LAWRENCE JOAN AR Utility Water Enterprise Fund
307922 60 RICHFIELD PRINTING INC Office Supplies Customer Service
1035598 60 MPX GROUP, THE Operating Supplies Fire
1035683 60 MPX GROUP, THE Operating Supplies Fire
1035591 59 FICCADENTI, JENNY Clothing & Uniforms Police Sworn
307705 56 COMCAST Cable TV Fire
307667 54 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
1035640 54 LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission
308089 52 THUNE JONAH Other Contracted Services Community Band
307848 50 PANDYA PRAVIN AR Utility Water Enterprise Fund
10294 49 WEX FSA - Medical Health and Benefits
1035642 49 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission
1035698 45 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
307852 40 SCHOWENGERDT CYNTHIA AR Utility Water Enterprise Fund
307746 39 PILGRIM DRY CLEANERS INC Clothing & Uniforms Fire
308048 39 JW PEPPER & SON INC Operating Supplies Community Band
307703 38 CHAPIN BEN Clothing & Uniforms Fire
307838 38 CTW GROUP AR Utility Water Enterprise Fund
307908 38 Manbeck Angela M Tuition Reimbursement/School Fitness Classes
307939 37 TULLY KEIKO Outreach Mileage/Parking 494 Corridor Commission
307920 35 PROPIO LS LLC Fire Prev Supp-Pub Ed/PR Fire
1035662 33 UPS Postage Housing and Community Service
307840 31 HORN CHANTHEARA AR Utility Water Enterprise Fund
308062 31 PERKINSON KRISTINA Operating Supplies Outdoor Center
308012 30 BATTERIES PLUS BULBS Supplies - General Bldg General Community Center
1035589 29 CONCRETE CUTTING AND CORING Operating Supplies Utility Operations - General
307845 29 MIDWAY EXCHANGE TRS 1, LLC AR Utility Water Enterprise Fund
307857 28 WRIGHT LEANNE AR Utility Water Enterprise Fund
1035641 28 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission
1035603 27 BOBBY & STEVE'S AUTO WORLD EDEN PRAIREquipment Repair & Maint Police Sworn
307756 26 STORMS WELDING & MFG INC.Repair & Maint. Supplies Water Distribution
307843 26 MATLOCK MARY AR Utility Water Enterprise Fund
307850 25 PRESTEMON SHARON AR Utility Water Enterprise Fund
308030 25 FLYNN, KERRY Operating Supplies Outdoor Center
1035688 24 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General
307739 23 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General
Check #Amount Supplier / Explanation Account Description Business Unit Comments30791223MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General
307913 23 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General
1035644 22 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission
307844 22 MCLEAN MICHELLE AR Utility Water Enterprise Fund
307906 22 LYNCH, MICHAEL Clothing & Uniforms Fire
307839 21 FOX KRISTY AR Utility Water Enterprise Fund
1035635 20 AMERICAN SOLUTIONS FOR BUSINESS Operating Supplies Senior Board
307753 19 SHRED RIGHT Waste Disposal General Community Center
307846 18 OWEN AMY AR Utility Water Enterprise Fund
307914 15 MINNESOTA VALLEY ELECTRIC COOPERATIVElectric Riley Creek Woods
307856 13 WESTBY ROLF AR Utility Water Enterprise Fund
307837 9 BALE ERIC AR Utility Water Enterprise Fund
10289 8 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery
307921 7 REGISTRATION FEE TRUST Employment Support Test Organizational Services
307855 6 VAN SLOUN SHEILA AR Utility Water Enterprise Fund
307853 5 SPICHER, DWIGHT AR Utility Water Enterprise Fund
308018 4 COMCAST Other Contracted Services Police Sworn
307872 3 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF
10273 2 SQUARE Bank and Service Charges Den Road Liquor Store3,278,196 Grand Total